
• I 



'V.'i* 























4 o 




^o V 




'^0^ 



%*"^ ./^*- %''-'°' %^ 

^m %/" /^% X,^" ^ - 




: -^^^^ 






•A o 




;. -^ 



^^0^ 



c 







^v^ 
^ ^ 



s^"-. 



^/^5:^^^\o^ V'^^^. 








.^^'"-.. 








m 



,y 




STATE OF NEW YORK 

THE 

CONSERVATION 
LAW 

IN RELATION TO 

FISH AND GAME 

AS AMENDED TO THE 
CLOSE OF THE REGULAR SESSION OF 

1916 



ALBANY 
J. B. LYON COMPANY, PRINTERS 

1916 






STATE OF NEW YORK 




Conservation Commission 



GEORGE D. PRATT. Commissioner 
ALEXANDER MACDONALD, Deputy Commisslcne? 

AUGUSTUS S. HOUGHTON 

Secretary to the Commission 

LLEWELLYN LEGGE 
Chief Protector 

JOHN T. McCORMICK 

Deputy Chief Protector 



General Offices: 
158 Stale Street. Albany, N. Y. 



D. of D. 
JAN 16 I9ir 



TABLE OF CONTENTS. 



PART I — FISH AND GAME. Page 

The Conservation Law, in relation to fish ami game. 5 

Additional Protection Orders 125 

Rules and Regulations in relation to fish and game. . 12S 

United States statutes 143 

Plumage provisi.on in the Tariff Act of 1913 130 

Migratory Bird Law, differences between Federal 

Regulations and State Law 152 

PART II — COURT PROCEDURE. 
Court procedure 154 

INDEX. 
Index to Parts I and II 165 



THE CONSERVATION LAW. 



In Relation to Fish and Game. 



Being article V of chapter six hundred forty- 
eeveu of the hiAvs of nineteen hundred and eleven, 
entitled "An act relating to conservation of land, 
forests, waters, parks, hydraulic power, fish and 
game, constituting chapter sixty-five of the con- 
solidated laws," as amended to the close of the 
regular session of the year 1916. 

[XoTE. — Article V, relating to fish and game, was in- 
gerted in the Conservation I,aw by chapter 318, Laws of 
1912. All subsequent acts amending particular sections 
of that article are indicated in brackets at the foot of 
the sections so amended.] 

ARTICLE V. 
Fish and Game. 
Part I. Powers and duties of commission (§§ 150- 
161). 
IT. Game protectors (§§ 165-173). 
III. Ownership; manner of taking; limit; 
possession; sale and transportation of 
wild game and fish restricted (§§ 175- 
182). 

[5 J 



8 Conservation Law. 

Part IV. Licenses, hunting and trapping (§§ 185- 
ISG). 
V. Quadrupeds (§§ 190-203). 
VI. Birds (§§ 210-22;)). 
VII. Fish (§§ 230-258). 
VIII. Nets and netting (§§ 270-284). 
IX. Fishways (§§ 290-293). 
X. Marine fisheries (§§ 300-335). 
XI. Private parks (§§ 360-366). 
XII. Breeding; importation and sale of fisli 
and game (§§ 370-376). 
XIII. Definitions and construction (§§ 330- 
384). 

PART I. 
Powers and Duties of Commission. 
Section 150. General po\vers and duties of commis- 
sion. 

151. Fish culturist. 

152. Additional or other protection. 

153. Fish and game closes. 

154. Power of commission to dispose of fish 

and game seized. 

155. Power to take fish. 

156. Power to purchase fisli eggs. 

157. Power to acquire beaver, deer, moose or 

elk by gift, purchase or capture. 

158. Power to take birds and quadrupeds. 

159. License to collect or possess for prop- 

agation, scientific or exhibition pur- 
poses. 



Conservation Law. 7 

Section IGO. Publication of laws relating to fish and 
game. 
161. Observance of rules and regulations; 
penalty. 

§ 150. General powers and duties of commission. 
The commission shall have charge, control and man- 
agement of the i)ropagation and distribution of 
food and game fish, s!iell-fish. crustacea. and game. 
It shall have the conduct and control of all hatching 
and biological stations and game farms owned, 
operated or hereafter acquired by the state. The 
commission shall have charge of the enforcement of 
all laws for the protection of fish, shell-fish, Crusta- 
cea, birds and quadrupeds; lands under water which 
have been or shall be designated, surveyed and 
mapped out pursuant to law, as oyster beds or shell- 
fish grounds, and power to grant leases of land 
under water for shell- iish culture according to hiw, 
to make rules regulating the inspection and exami- 
nation of shell-fish, shell-fish grounds and the build- 
ings used for storage; handling and shipments 
thereof; tlie floating of shell-fish; and the removal 
of shell-fish from beds which are in an unsanitary 
condition and tJieir deposit upon unpolluted grounds ; 
power to make rules increasing the size of mesh of 
nets, regulating the transportation, importation, ex- 
portation of game, fish, shell-fish and crustacea, 
and the taking of fish in any manner, other than 
angling, except as to migratory fish of the sea within 



8 Conservation Law. 

the limits of the marine district: the granting of 
licenses where the same are prescribed by law, the 
fixing of fees tlierefor and terms thereof. 
[As amended by chapter 508, Laws of 1913.] 

§ 151. Fish culturist. The commission sliall ap- 
point a fish culturist who shall have charge under 
tlie direction of the commission of the culture of 
fish and shell-fish in the state. He shall receive 
an annual salary of four thousand dollars, and his 
actual and necessary traveling expenses while in the 
performance of his official duty. 

§ 152. Additional or other protection. 

1. Petition for protection. Ten or more citizens of 
the state may file with the commission a petition 
in writing requesting it to give to any species of fish 
other than migratory food fish of the sea including 
fish or game birds or quadrupeds, protection or addi- 
tional protection to that afforded by the provisions 
of this article. Such petition shall state the 
grounds upon which such protection is considered 
necessary, and shall be signed by the petitioners 
who shall attach their addresses. 

2. Notice of hearings. If the commission shall 
after hearing petitioner entertain the petition, it 
shall hold a public hearing in the locality or county 
to be affected upon the allegations of such petition 
at such time and place within the locality or 
county affected as the commission may determine 



Conservation Laic. 1) 

V. itliin twenty days from the filing thereof. At 
least ten days prior to such hearing notice thereof, 
stating the time and i^lace at which svich hearing 
elmll be held, shall be advertised in a ncAvspaper to 
be selected by the commission and published in the 
counties or county to be affected by such additional 
or other protection or if less than a whole county, 
in or near the locality wiiich may be affected. Such 
notice shall contain a brief statemeirt of the grounds 
upon which such application is made, and a copy 
thereof shall be mailed to each petitioner at the 
address given in such petition at least ten days 
before such hearing. 

■ 3. Power to grant protection. If upon such hear- 
ing the commission shall determine that such species 
of fish or game, b}' reason of disease, danger of 
exterminatioHi or from any other cause or reason, 
requires such additional or other protection, in any 
locality or throughout the state, the commission 
shall have poAver hy order to prohibit or reguli^ite. 
during the open season therefor, the taking of such 
species of fi-sh or game. Such prohibition or regula- 
tion may be made general throughout the state or 
confined to a particular part or district thereof and 
the order shall fix the day when the same shalll take 
effect and the commission shall sign and enter the 
order in its minute book. 

4. Publication. At least thirty days before the 
day fixed for such order to take efTect, copies of the 



10 Conservation Law. 

same certified by the secretary to the commission 
shall be filed in the office of the clerk of each 
county containing a district or any part of a dis- 
trict to which the prohibition or regulation applies. 
At least thirty days before such order shall take 
eifect the commission shall cause the same to be 
published in a newspaper published in eacli county 
wherein such prohibition or regulation shall apply. 

5. [Repealed by chapter 521, Laws of 1916.] 

§ 153. Fish and game closes. The commission 
may, on the request of a majority of the town 
board of any to^vn, or a majority of the common 
council of any city, by order, prohibit or regulate 
the taking of birds or game on lands set aside, with 
the consent of the owner or owners thereof, as bird 
and game refuges for a period of not to exceed ten 
years. On a like request, when fish have been or 
shall be placed in waters of a town or of a city 
at the expense of the state, the commission may 
by order prohibit or regulate the taking of fish 
from such waters, for a period of not to exceed 
three years. At least thirty days before such order 
shall take effect, a copy of the same certified by 
the secretary to the commission shall be filed in the 
oflfice of the clerk of the town or city in which the 
prohibition or regulation applies. Printed notices 
at least one foot square that such lands or streams 
have been closed, shall be posted along the bounda- 
ries of the land, or along the shores or banks of the 



Conservation Lavj. H 

waters affected not more than fifty rods apart meas- 
ured along the said boundaries and along said banks. 
Any person who sliall violate or attempt to vio- 
late any such order shall be guilty of a misde- 
meanor, and shall, upon conviction, be subject to 
a fine of not to exceed one hundred dollars, or shall 
be imprisoned for not more than thirty days, or 
both, for each offense and in addition shall be liable 
to the penalties hereinafter provided for taking 
fish, birds or quadrupeds in the close season. An 
affidavit of the fact of such stocking with fish or 
of posting such notices or a certification of such 
facts by a game protector when filed in the office of 
the commission shall be presumptive evidence of 
the facts stated therein and a copy of either when 
certified by the secretary to the commission shall 
be competent evidence in any action or proceeding 
for enforcement of any ©f the provisions of this 
section. 

[As amended by chapter 508, Laws of 1913, and chapter 
155, Laws of 1916.] 

§ 154. Power of commission to dispose of seizures. 
Whenever any fish, birds, wild animals or parts 
thereof, or any devices used in taking the same 
illegally are found in the possession or under the 
control of a person contrary to law, said fish, birds, 
wild animals, or parts thereof, together ■v\ith the 
device or devices used in taking the same, shall be 
seized and confiscated in the name of the state. 
The commission may dispose of such fish, birds or 



12 Conservation Laio. 

wild animals or devices in such manner as it deems 
proper. 

TAs amended by chapter 521, Laws of 1916.] 

§ 155. Power to take fish. The commission may 
take fish with nets at such tines and in such manner 
as it may deem proper for the artificial propagation 
of fish. The commission may also remove, permit or 
cause to be removed f;-om public or private waters, 
fish wliich hinder or prevent the propagation of 
game or food fish. Such removal shall be effected 
by any means and under such regulations as the 
commission may provide. Fish taken under this 
section may be disposed of and possessed under such 
regulations as the commission may establish. Any 
person not in charge of a state net who shall handle 
or lake lis'.i while coiilined tlierein, or sliall fish 
within one hundred feet of any leader or net in use 
by the state shall be guilty of a misdemeanor. 

§ 156. Power to purchase fish eggs. The commis- 
sion may purchase from any person, fisli eggs, pay- 
ing for same in cash, or giving in exchange or in 
consideration therefor, a percentage of the young 
fish hatched or produced at any of the fish hatch- 
eries of the state from the eggs so purchased; and 
the placing of such young fish in waters on lands 
of such persons shall not be deemed a stocking of 
such waters with fish by the state, or fish from 
state hatcheries. 



Conservation Law. . 13 

§ 157. Power to acquire beaver, deer, moose or elk 
by gift, purchase or capture. The commission may 
acquire by gift, purchase or capture a sufficient 
number of beaver, deer, moose or elk to stock the 
Adirondack region, and may care for and yard the 
same temporarily and liberate them in such region 
and at such times and places as it deems most con- 
ducive to their probable subsistence and increase. 
Deer may be taken alive at any time by the com- 
mission to restock the state's deer parks or to 
exchange for elk or moose. 

§ 158. Power to take birds and quadrupeds. In 

the event that any species of birds protected by the 
provisions of section two hundred and nineteen of 
this- article, or quadrupeds protected by law, shall 
at any time, in any locality, become destructive of 
private or public property the commission shall 
have power in its discretion to direct any game 
protector, or issue a permit to any citizen of the 
state to take such species of birds or quadrupeds 
and dispose of tlie same in such manner as the com- 
mission may provide. Such permit shall expire 
within four months after the date of issuance. 

§ 159. License to collect or possess for propaga- 
tion, scientific or exhibition purposes. 1. The com- 
mission may issue a license revocable at its pleasure 
to any person, permitting the holder to collect or 
possess fish, aquatic animals, quadrupeds, birds, birds' 



14 Conservation Law. 

nests or eggs for propagation, scientific or exhibition 
purposes. Before such license is issued, every appli- 
cant, except a game protector, duly chartered mu- 
seum or society incorporated for scientific or public 
exhibition purposes, or an officer thereof, must file 
written testimonials from two well known scientific 
men; pay one dollar for the license and file a bond 
in the penal sum of two hundred dollars with two 
responsible sureties, to be approved by the commis- 
sion, conditioned that he will not violate the pro- 
visions of this article or avail himself of the privi- 
leges of said license for purposes not herein set 
forth. 

2. The commissioM may also issue a license revoc- 
able at pleasure to any person, permitting such per- 
son to possess any species of fish, game birds, 
aquatic animals or quadrupeds, protected by this 
chapter, for propagation purposes, upon payment of 
a license fee of one dollar. The commission may, in 
its discretion, require a bond from such person, in 
Buch sum as the commission may determine, condi- 
tioned that he will not avail himself of the privi- 
leges of said license for purposes not herein set forth. 

The commission may issiie permits to enable per- 
sons to ship fish, aquatic animals, ga^ne and quad- 
rupeds lawfully taken and possessed for propagation, 
scientific or educational purposes, under such regula- 
tions as tlie commission may prescribe. 

Fish, aquatic animals, quadrupeds and game law- 
fully possessed under this section may be sold, at any 



Conservation Law. 15 

time, by any person receiving a license under this 
section for propagation, 'scientific, educational or ex- 
hibition purposes only. 

Persons receiving a license under this section must 
report the result of operation thereunder annuall^^ 
to the commission, at the expiration of the license 
Such license shall be in force for one year only fron. 
the date of issue and shall not be transferable. 

[As amended by chapter 50S, Laws of 1913 and chap- 
ter 92, Laws of 1914.] 

§ 160. Publication of laws relating to fish and 
game. As soon as practicable after the adjourn- 
ment of the legislature in each year, the commission 
shall make a compilation of the laws relating to 
fish and game as amended at the date of such 
compilation, and properly index the same. Copies 
of said compilation sufficient in number for the pur- 
poses of this section shall be printed in pamphlet 
form of pocket size, under the direction of the 
tjlerks of the senate and assembly, and such clerks 
shall distribute them as follows: One hundred 
copies to each senator; fifty copies to each assembly- 
man. Twenty thousand copies to the commission for 
general distribution. It shall be the duty of the 
commission to prepare and issue a syllabus of the 
said laws and to deliver to county, city and town 
clerks a supply sufficient for furnishing one copy to 
each person procuring a hunting or trapping license, 



16 Conservation Law. 

:an(l each such person shall be entitled to one copy 

of said syllabiis. 

[As anu'Dded l)v chapter 508, Laws of lOlo, aud chapter 
521, Laws of 191G.] 

§ 161. [Repealed by chapter 521, Laws of 1916.] 

PART II. 

Game Protectors. 
Section 165. Number and designation. 

166. Rating of game protectors. 

167. Game protectors to give bonds. 

168. Compensation of game i)rotector3. 

169. Powers of game protectors. 

170. Records and reports. 

171. Special game protectors. 

172. Sheriffs and constables. 

173. Suits against protectors. 

§ 165. Number and designation. The commission 
^luill appoint one hundred and twenty-live game pro- 
tectors. The commission shall appoint a chief game 
protector, a deputy chief game protector, twelve divi- 
sion chief protectors, five fisheries protectors, and 
a, protector for the Saint Lawrence river. The chief 
game protector shall have general supervision and 
control or all protectors. The positions of chief 
game protector, deputy chief game protector, divi- 
sion chief protectors, fisheries protectors, the pro- 
tector for the Saint Lawrence river and the other 
;game protectors provided for by this section sliall 



Conservation Law. 17 

hereafter be classilied in the competitive class of the 
classified civil service. 

[As amended by chapter 508, Laws of 1913 and chap- 
ter 92, Laws of 1914.] 

§ 166. Rating of game protectors. The commis- 
eion sliall have power to remove^ to suspend without 
pay, to reduce in rank, to act as a trial board iii 
hearing and passing upon charges, and to rate all 
game protectors and fisheries protectors on the basis 
of merit and efficiency, in accordance with the pro- 
visions of tiie state civil service law. It shall rate 
all protectors on the basis of merit and efficiencY- 
in three • grades, to be known as the first, second 
and third grades. Protectors rated in the first and 
second grades shall not be removed unless furnished 
with reasons for removal and given a hearing. The 
commission is empowered . to make such rules and 
regulations as in its judgment are required to secure 
a proper rating of the protectors, or to carry out 
the provisions of this section. 

§ 167. Game protectors to give Donds. The chief 
game protector shall give a bond to the people of 
the state in the sum of one thousand dollars con- 
ditioned for the" faithful discharge of his duties, 
with sureties to be approved by the commission. 
Every game protector shall give a like bond in the 
sum of five hundred dollars. 

§ 168. Compensation of game protectors. The chief 
game protector shall receive an annual salary of 



18 Conservation Law. 

four thousand dollars. The deputy chkf game pro- 
tector shall receive an annual salary of twenty-four 
hundred dollars. Each division chief protector shall 
receive an annual salary of sixteen hundred dollars 
and his actual and necessary traveling expenses, not 
exceeding seven hundred and fifty dollars a year. 
Each fisheries protector shall receive an annual 
salary of thirteen hundred dollars, and his actual 
and necessary traveling expenses, not exceeding seven 
hundred and fifty dollars. Each game protector shall 
receive an annual salary of nine hundred dollars 
and his actual and necessary traveling expenses, not 
exceeding six hundred dollars; provided, however, 
that each game protector who shall have been rated 
in the first grade for a full year shall receive in- 
creased salary at the rate of fifty dollars per annum, 
and for each year thereafter in which he shall so 
qualify he shall receive a like increase until he 
receives the sum of thirteen hundred dollars per 
annum, but the commission shall have the power 
in its discretion, for cause sho^vn, to cancel such 
increase or any part thereof on the failure of any 
protector receiving suck increase to qualify for tlie 
first grade in any year. Game protectors rated in 
the first grade only shall be eligible for promotion. 

(As amended by chapter 318, Laws of 1915, and chapter 
521, Laws of 1916.] 

§ 169. Powers of game protectors. Game pro- 
tectors, forest rangers, and fisheries protectors shall 
enforce all laws relating to fish, birds and quadru- 



Conservation Law. 19 

peds; all laws of boards of supervisors relating 
to the same; and shall have power to execute all 
warrants and search warrants issued for a violation 
of this article; to serve subpoenas issued for the ex- 
amination and investigation or trial of offenses 
against any of the provisions of said law; to make 
search where they have cause to believe that fish, 
birds or quadrupeds, or any parts thereof, are pos- 
sessed in violation of law, and without search war- 
rant to examine the contents of any boat, car, auto- 
mobile or other vehicle, box, locker, basket, creel, 
crate, game bag or other package, and the contents 
of any building other than a dwelling house, to 
ascertain whether any of the provisions of this 
article or of any law for the protection of fish, 
shell-lish, birds or quadrupeds have been or are 
being violated, and to use sucli force as may be 
necessary for the purpose of such examination and 
inspection; and with a search warrant to search 
and examine the contents of any building or dwelling 
house; seize all quadrupeds, birds or fish, or any 
parts thereof possessed in violation of the law. or 
showing evidence of illegal taking, and seize and con- 
fiscate all devices used in taking fish, game or 
wild animals illegally, and hold the same subject 
to the order of the commission; to arrest without 
w^arrant any person committing a misdemeanor 
under the provisions of this article in their presence, 
and take such person immediately before a 
magistrate having jurisdiction for trial, and to 



20 Conservation Law. 

cxc'jcjse such otlier powers of peace oilicers, in tlia 
ciil'oi cement of the provisions of this chapter, or 
of jiulgmeiits obtained for violation thereof, as are 
not herein specifically provided. Any regular or 
special game protector, fisheries protector, lire 
superintendent, forest ranger or inspector who shall 
compromise or settle any violation of the fish and 
game law out of court, or except as provided by 
section thirty-six of this chapter, without the order 
of the commission, shall be guilty of a misdemeanor. 
[As amended by chapter 521, Laws of lOlG.] 

g 170, Records and reports. The chief game pro- 
tector and division cliief protectors shall make such 
reports as are required by the commission. Each 
game protector shall keep a daily record of his offi- 
cial acts, and report the same at the close of each 
■week to the division cliief of his division, and 
similaily report at the close of each month to tlie 
chief game protector. The salary and traveling ex- 
penses of a game protector shall not be payable ex- 
cept u})on the certificate of the chief game pro- 
tector that such protector has made the required 
report and properly performed his duty. 

§ 171. Special game protectors. The commission 
may in its discretion appoint special game protectors. 
8uch special game protectors shall hold office during 
tlie i>leasure of the commission, and shall have the 
same powers as game protectors, and receive one-half 
of the fmes and penalties loss expenses. They shall 



Conner cation Law. 21 

make reports as required by the commission. No 
person shall be eligible for such appointment until 
he shall have passed a non -competitive examination 
conducted under autliority of the commission. 
[As amended by chapter 508, Laws of 1913.] 
§ 172. Sheriffs and constables. Peace officers shall 
'have the same ])owers as game protectors under this 
article, except the right to search without warrant. 

§ 173. Suits against protectors. It shall be the 
duty of tlie attorney-general on request of any regu- 
lar game ])rotector, accompanied with the approval of 
the conniiission, to appear in and defend as attorn(>y 
any action or proceeding prosecuted against the j)ro- 
tector for or on account of any act of his done while 
holding such office and when such act was, in the 
^opinion of the attorney-general, done in discharge of 
'the protector's official duty or in reasonable exercise 
<of his authority. 

{New. Inserted by Chap. 50S, Laws of 1913.] 

PART III. 
Ownership; Manner of taking; Limit; Possession; 

Sale and Transportation of Wild Game and 

Fish Restricted; Penalties. 
Section ]7o. Ownersliij). 

176. Taking, limit, possession, sale and trans- 

portation of fish and game restricted. 

177. INIanner of taking fish and game. 

178. Transportation. 

179. Transportation, sale, special. 



22 Conservation Law. 

Section 180. Prohibited, sale of certain birds. 

181. Presumptive evidence. 

182. Penalties. 

§ 175. Ownership. Tlie ownership of, and the 
title to all fish, birds and quadrupeds in the 
state of New York, not held by private ownership, 
legally acquired, is hereby declared to be in the 
state. No fish, birds or quadrupeds shall be caught, 
taken or killed in any manner or at any time or 
had in possession, except the person so catching, 
taking or killing or having the same in possession 
shall consent that the title to such fish, birds and 
quadrupeds shall be and remain in the state of New 
York for the purpose of regulating and controlling 
the use and disposition of the same after such 
ca telling, taking or killing, except that the title to 
such fish, birds or quadrupeds legally taken shall 
vest in the person so taking or possessing the same, 
subject to the restrictions and provisions of law. 

§ 176. Taking, limit, possession, sale and trans- 
portation of fish and game restricted. No person 
shall at any time of the year, pursue, take, wound or 
kill, in any manner, number or quantity, any fish, 
quadrupeds or birds protected by law, or buy, sell, 
off"er, or expose the same, or any part thereof, for 
sale, transport, or have the same in possession except 
as permitted by this article. Nets except in the 
marine district, tip-ups, set and trap lines, spears, 
grappling hooks, naked hooks, snatch hooks, eel weirs 



Conservation Law. 23 

and eel pots shall not ba used to take fish except as 
specifically permitted in this article. Any person 
aiding ^in any manner in such prohibited acts shall 
be deemed to have violated this section. 
[As amended by chapter 508. Laws of 1913.] 

§ 177. Manner of taking fish and game. 1, Manner 
of taking game. Game protected by law shall 
only be taken in the day time after sunrise and 
before sunset with a gun fired at arm's length, with- 
out rest, unless otherwise specifically permitted by 
this article. A person may take birds and quadru- 
peds, during the open season therefor, with the aid 
of a dog, unless specifically prohibited by this article. 
Any duly organized association for the protection of 
game msij run field trials for dogs at any time upon 
obtaining written permission from the Conservation 
Commission. 

[As amended by chapter 92, Laws of 1914.] 

2. Manner of taking fish. Fish, except migratory 
food fish of the sea, shall only be taken by angling, 
unless otherwise specifically permitted by this article. 
In case any fish or Crustacea is unintentionally taken 
contrary to the prohibitions or restrictions contained 
in any of the provisions of this article, such fish 
or Crustacea shall be immediately liberated and re- 
turned to the water, without unnecessary injury. 
Whenever any fish under the size limit prescribed 
by the provisions of this article are received in 
transportation from another state or country, or 



24 Conservation Laic. 

whenever such fish are taken in gill nets, they shall 
neither be sold, bought or otherwise triifficked in. 
[As amended by cliaptfer 508, Laws of 11)13. J . 

§ 178. Transportation. 

Subd, 1. Common carriers. No common carrier or 
employee of such carrier shall, while engj^ged in such 
business, transport as owner of any fi«h or game or 
parts thereof of species which may not be lawfully 
sold at any time. Nor shall such- carrier or person 
knowiiiglj' receive or possess the same for shipment 
for anotlier whether contained in a package or un- 
packed if no shipping permit is attached as required 
in this section. 

Subd. 2. Transportation and exportation of fish and 
game lawfully salable. Any person may tran^sport 
ill any manner withhi tliis state or from a point 
within to a point without during the open season 
{horcfor, and in any number, wild quadrupeds, birds 
or fish of species Avhich may be lawfully sold. 

Game or fish raised in private hatcheries or pre- 
serves and carcas.ses of birds and mammals from 
without the United States and which may be law- 
fully imported and sold, when marked and tagged 
as provided in part twelve of this article, may be 
transported within and from a point within to a 
point without this state in any number and by any 
means. 

Subd. 3. The same; of fish and game not lawfully 
salable. Any person may transport within this state 
or from a point within to a point without otherwise 



Conservation J. aw. l!.> 

than by common carrier or parcel post and during 
tlie open season therefor wild quadrupeds, birds or 
fish but not more in any one day than the number 
thereof which may be lawfully taken in one day by 
one person when of species which may not be law- 
fully sold at any time except as otherwise provided 
in section one hundred and ninety hereof. 

The taker may transport within this state or from 
a point within to a point without by common carrier 
except by parcel post, and during the open season 
therefor, wild quadrupeds, birds or fish but not more 
in any one day than the number thereof which he 
may lawfully take in one day when of species which 
may not be lawfully sold at any time provided tlie 
same or the package containing them shall have at- 
tached thereto before shipment, Avitli the blanks 
properly filled in by him. a shipping permit issued 
by the commission except as otherwise provided in 
section one hundred and ninety hereof. The form of 
Buch permit shall be determined by the commission. 

Subd. 4. Importation of fish and game not lawfully 
salable. The taker may transport from a point 
v/ithout to a point within the state, during xhc 
open season therefor within the state of New York, 
game or fish of species which may not be lawfully 
sold, provided such game or fish was lawfully taken 
and may be lawfully brought from the place where 
taken; and further provided that the taker accom- 
panies the same; or, the same may be shipped by 
him by common carrier except parcel post, but in 



26 Conservation Law. 

that case the shipping requirements of subdivision 

three of this section shall apply. 

The taker may transport from a point without to 
a point within the state, during the closed season 
therefor within the state of New York, game or 
fish of species which may not be lawfully sold, or 
for which there is no open season, provided such 
game or fish was lawfully taken and may be law- 
fully brought from the place where taken, and 
further provided that the taker accompanies the 
same and shall have with him a license issued by 
the commission permitting such transportation. 
Quadrupeds may be shipped by the taker by com- 
mon carrier, except by parcel post, but in that 
case the shipping requirements of subdivision three 
of this section shall apply. Such game or fish when 
so transported may be possessed at any time. 

Subd. 5. The same; of fish and game lawfully 
salable. Importation and transportation by any 
means and in any number during the open season 
therefor of wild game or fish the sale of which is 
permitted by this article shall be lawful except as 
otherwise expressly provided therein. 

Subd. 6. Shipping permits; prohibition; limitation. 
Only holders of hunting and trapping licenses shall 
be entitled to shipping permits described in sub- 
division three of tJiis section, for shipment of quad- 
rupeds or birds taken in this state. No person shall 
be entitled to receive nor shall he apply for more 
than six such permits in any calendar year nor shall 



Conservation Law. 27 

any person to whom such a permit has been issued 
transfer the same in any manner to any other per- 
son nor shall any other person use the same for 
shipping fish or game nor shall any person make any 
false statement in applying for such a pc/rmit nor 
shall one person use more than six thereof for ship- 
ping fish and game in any one calendar year. 

[As amended by chapter 508, Laws of 1913, and chapter 
521, Laws of 1916.] 

§ 179. Transportation, sale; special. The provi- 
sions of section one hundred and seventy-eight hereof 
shall not apply to transportation of fish and game 
for propagation purposes nor to transportation of 
the head, hide, feet or fur of quadrupeds or of the 
plumage or skin of game birds legally taken and pos- 
sessed and the same may be transported at any 
time. The head, hide and feet of quadrupeds legally 
taken and possessed may be bought and sold at any 
time. 

[As amended by chapter 508, Laws of 1913.] 

§ 180. Prohibited; sale of certain birds. The dead 
bodies of birds belonging to all species or sub-species, 
native to this state, protected by law or belonging to 
any family, any species or sub-species of which is 
native to this state and protected by law shall not 
be sold, offered for sale, or possessed for sale for 
food purposes within this state whether taken within 
or without this state, except as provided by sections 
three hundred and seventy-two and three hundred 
and seventy-three. 



28 Conservation Law. 

§ 181. Presumptive evidence. Possession of quad- 
rupeds, birds or fish or of part tliereof, during the 
time when the taking of the same in this state is 
proliibited, or when the possession of the same after 
the close of the open season is not permitted, shall 
be presumptive evitlcnce that the same was unlaw- 
fully taken by the possessor. 

Quadrupeds, birds or fish, lawfully taken and pos- 
sessed in one part of the state, may be transported 
by the taker as provided by section one hundred and 
seventy-eight of this chapter and may be possessed 
by the taker in any part of the state for the same 
period of time during which they may be lawtuily 
possessed at the place where taken. 

[As amended by chapter 50S, Laws of 1913. and 
chapter 92, Laws of 1914.] 

§ 182. Penalties. 1. Unless a different or other 
penalty or punishment is herein specially preseril^ed, 
a person who buys, sells, offers for sale, takes, 
possesses, transports or has in possession for sale 
or transportation any fish, bird or quadruped, shell- 
fish or crustacean in violation of any of the pro- 
visions of the conservation law in relation to fish 
and game, or who violates or who fails to perform 
any duty imposed by any of the provisions of said 
law, or any lawful order, rule or regulation adopted 
by the commission, is guilty of a misdemeanor; and 
in addition thereto is liable as follows: to a penalty 
of sixty dollars and an additional penalty of twenty- 
five dollars for each fish, bird, quadruped, shell-fish 



Conservation Law. 2\) 

or crustacean, or part of fish, bird, quadruped, shell- 
fish or crustacean bought, sold, offered for sale, 
taken, possessed, transported or had in possession for 
sale or transportation in violation thereof. 

2. A person who buys, sells, offers for sale, takes, 
possesses, transports or has in possession for sale or 
transportation any deer, elk, moose, caribou, ante- 
lope, beaver or part of any such animal in violation 
of any of the provisions Of said law or of any lawful 
rule or regulation of the commission, is guilty of a 
misdemeanor, and in addition thereto is liable as 
follows: to a penalty of one hundred dollars and an 
additional penalty of one hundred dollars for each 
deer, elk, moose, caribou, antelope, beaver or part 
of any such animal bought, sold, offered for sale, 
taken, possessed, transported or had in possession 
for sale or transp(»rted contrary to law. 

3. A person wlio violates any of the provisions 
of sections tAvo hundred and forty-five, two hundred' 
and forty-seven or two hundred and forty-eight 
thereof, shall be guilty of a misdemeanor, and in 
addition thereto is liable as follows: to a penalty 
of five hiwidred dollars, and an additional penalty 
of ten dollars for each fish taken, killed or possessed 
in violation thereof. 

4. Any public officer who fails to perform any duty 
imposed by any of the provisions of said law or 
of any lawful rule or regulation of the commission 
is guilty of a misdemeanor, unless otherwise speci- 
fically prescribed herein, and in addition thereto is 
liablo to a penalty of one hundred dollars. 



30 Conservation Laic. 

5. A person wlio violates an provision of part 
eleven shall be guilty of a misdemeanor, and shall 
be liable to exemplary damages in the sum of twenty- 
five dollars for each offense or trespass to be 
recovered by the owner of the lands, or hunting or 
fishing rights thereon, with costs of suit, in addition 
to the actual damages, all of which may be recovered 
in the same action. The consent in writing of such 
owner to hunt or fish on said lands during the open 
season shall be a defense to a prosecution under this 
section. 

[As amended by chapter SOS, Laws of 1013, and chapter 
521, Laws of 1916.] 

PART IV. 

Licenses: Hunting and Trapping. 

Section 18o. Hunting and trapping license. 
ISO. Penalties. 

§ 185. Hunting and trapping license. Subd. 1. 
License required. No person or persons shall at 
any time hunt, pursue or kill with a gun, any wild 
animals, fowl or birds or take with traps or other 
devices any fur bearing animals, or engage in hunt- 
ing or trapping except as herein provided-, without 
first having procured a license so to do, and then 
only during the respective periods of the year when 
it shall be lawful. 

Subd. 2. Application; penalties. Said license 
shall be procured from any county, city or town 
clerk in the following manner, to wit: The appli- 
cant shall fill out a blank application to be furnished 



Conservation Law. 31 

by the commission tlirougli the clerk of each county, 
city or town, stating name, age, occupation and 
place of residence and post-office address of appli- 
cant, also -whether a citizen of the United States 
or an alien and such other facts or descriptions as 
may be required by the commission. Said applica- 
tion shall be subscribed and sworn to by the appli- 
cant before any officer authorized to administer 
catlis in the state of New York. Any false state- 
ment contained in such application shall render the 
license null and void. Any person who shall make 
any false statement in an application for a license, 
shall be deemed guilty of perjury, and, on convic- 
tion thereof, shall be subject to the penalties pro- 
vided for the commission of perjury. 

Subd. 3. Fees. Said applicant, if a resident of 
the state for over six months and a citizen, shall 
pay to the clerk countersigning and issuing the 
license the sum of one dollar as a license tee 
together with the sum of ten cents as the fee of the 
county, city or town clerk for issuing such license, 
and if a non-resident of the state or an unnaturalized 
person or an alien, resident or non-resident, shall pay 
to the clerk countersigning and issuing license the 
sum of ten dollars together wdth the sum of fifty 
cents as a fee to the clerk. 

Subd. 4. Disposition of fees. The license fees 
above provided for shall be remitted hj the 
city and town clerks on the first Tuesday of each. 



32 Conservation Law. 

month to the county clerk of the county, with 
■duplicate schedules setting forth the name and resi- 
•dence of each licensee and the serial number of and 
the amount paid for each license issued. Such license 
fees, -less three per centum thereof which the county 
clerk is hereby authorized to retain for his com- 
pensation, and the license fees received by the county 
«lerk for issuing licenses from his olfice, less three 
per centum (hereof for sucli compensation, shall 
belong to the state and shall be remitted to tlio 
■commission on the second Tuesday of each montli 
with a duplicate of said schedule, and the fees so 
received by the commission shall be remitted by the 
commission to the state treasurer as are fines and 
penalties. 

Subd. 5. Contents and power under. Said license 
shall be issued in the name of the commission, and 
be sealed with the seal of the county, city or town 
in which the same is issued and be countersigned 
by the clerk issuing the same. Every license issued 
sliall be signed by the licensee in ink on the face 
thereof. It shall entitle the person to whom issued 
to hunt, pursue and kill game animals, fowl and 
hh-di and trap fur bearing animals within the state 
at any time when or place where it shall be lawful 
to hunt, pursue, kill and take such game animals, 
fowl and birds in this state. 

Subd. 6. Carrying and exhibiting same. No pcr- 
«on to whom a license has been issued shall be en- 



d 



Conservation Laia, 33 

titled to take wild animals, fowl or birds, or trap 
fur bearing animals in this state unless at the time 
of such taking he shall have such license on his 
person, and shall exhibit the same for inspection to 
any protector or other officer or other person request- 
ing to see the same. Such licensee shall also wear 
in a conspicuous place on his clothing a button to 
be furnished by the commission through the clerks 
issuing licenses. Buttons shall be uniform in size 
and at least two inches in diameter and shall bear 
a number corresponding to the number of the license 
delivered to the applicant and such other matter as 
may be determined by the commission. The failure 
of the licensee at all times while hunting, trapping 
or takirkg wild animals, fowl or birds, to wear such 
button in a conspicuous place on his clothing shall 
cause a forfeiture of his license. Such person shall 
surrender upon demand his license and button to any 
game protector or other person duly authorized by 
the commission to receive the same. No other or 
additional penalty than the forfeiture of his hunting 
or trapping license, as herein provided, shall be 
suffered by a licensee failing to wear such button. 
But such forfeiture shall not operate to prevent a 
person from procuring another license as provided 
in this section. The provisions of this section with 
respect to the issuance of and the wearing of a 
button shall take effect January first, nineteen hun- 
dred and seventeen. 
2 



34 Conservation Law 

Subd. 7. Termination. Such license shall be void 
after the thirty- first day of December next succeed- 
ing its issuance. 

Subd. 8. Exception. Provided that the owner or 
owners of farm land, and their immediate family or 
families occupying and cultivating the same, or the 
lessee or lessees thereof and their immediate family 
or families whu are actually occupying and cultivat- 
ing the same, shall have the right to hunt, kill and 
take game or trap fur bearing animals on the farm 
land of which he or they are the bona fide owners 
or lessees, during the season when it is lawful to 
kill and take the same, without procuring such 
resident license; and further provided that minors 
under the age of sixteen years shall not be re- 
quired to take out a license to trap fur bearing 
animals. 

Subd. 9. Alteration. Any person who shall at 
any time alter or change in any material manner 
or loan or transfer to another, any license issued as 
aforesaid, shall be deemed guilty of forgery in the 
second degree, and, on conviction thereof, shall be 
punishable as provided in case of forgery in the 
second degree. 

Subd. 10. Prosecution by individuals. All prose- 
cutions for a violation of the provisions of this 
article relating to licenses may be brought by any 
person upon order of the commission in the name 



Conservation Law. 35 

of the people of the state of New York against any 
person or persons violating any of the provisions of 
this article, so far as it relates to licenses, before 
any court of competent jurisdiction; and it is hereby 
made the duty of all district attorneys to see that 
the provisions of this section are enforced in their 
respective counties, and said district attorneys shall 
prosecute all offenders on receiving information of 
the violation of any of the provisions of this section; 
and it is hereby made the duty of all sheriffs, 
deputy sheriffs, constables and police officers to 
inform against and prosecute all persons who, there 
is reasonable cause to believe, are guilty of violat- 
ing any of the provisions of this section. Nothing 
herein shall prevent the commission from prose- 
cuting persons for violation of this section. 

Subd. 11, Proceeds of actions. All moneys re- 
covered in any penal action under this chapter, in 
BO far as it relates to licenses, shall be remitted 
by the person or cou-rt recovering the same to the 
commission; one-half of the amount recovered in 
any penal action under this section, in so far as it 
relates to licenses, after all disbursements and ex- 
penses in relation to the same, including attorney's 
fees, shall have been paid, shall be paid to the 
person filing the complaint in such action by the 
state treasurer on approval of the commission, 
unless such person is a regular game protector. 



36 Conservation Law. 

Subd. 12. Costs. All bills for costs, disburse- 
ments and attorney's fees in any action or pro- 
ceeding under this article relating to licenses shall 
be duly verified, presented to the commission, au- 
dited by said commission and paid on its approval 
by the state treasurer to the person entitled to the 
same. 

Subd. 13. Form of license. The form of the 
license shall be determined and the license blank 
prepared by the commission, and by it furnished 
through the county clerks of the several counties 
of the state to the city and to\Tn clerks. 

Subd. 14. Clerk's reports. On the thirty-first day 
of December of each year the city and town clerks 
shall detach the stubs of licenses issued and 
forward the same securely attached to a report 
of the number issued and the amount of license 
money received to the county clerk of the county, 
whose duty it shall be to see that proper returns 
are made to him by all city and town clerks in 
his county, and to return to the commission all 
such stubs and reports with a final report recapitu- 
lating and tabulating the total number of licenses 
of all kinds issued in his county in the calendar 
year. . 

Subd. 15. Clerks reimbursed for expenses. The 
county clerk shally^be reimbursed by the state for 
postage and expressage used in distributing licenses 



Covservation Laic. 37 

to city and town clerks and for Ms monthly re- 
ports required to be made to the commission; his 
bills therefor shall be presented, audited and paid 
as herein provided for other payments. 

[As amended by chapter oOS, Laws of 1913, and chapters 
297 and 521, Laws of 19 IG.] 

Ll'oiiuer seciiou IbO repealed by chapter oOS, Laws 
of 1913.] 

§ 186. Penalties. [Repealed by chapter 521, Laws 

of 191(3.] 

§ 188. Nonresident fishing license. Except as here- 
inafter provided, no person, except a bona fide resi- 
dent of this state for at least thirty days imme- 
diately prior to such taking, shall take any fish 
by angling in any of the fresh waters under the 
jurisdiction of the state of New York forming a part 
of the state boundary or through which the state 
boiuidary runs or shall engage in fishing in such 
waters without first having procured a license so to 
do. Said license shall be procured in the manner 
provided in section one hundred and eighty-five 
hereof. The applicant shall pay to the clerk the 
sum of tw^o dollars as a license fee therefor, together 
with the sum of fifty cents as a fee to the clerk; 
provided, hoM'Cver, that a nonresident person under 
the age of sixteen years or a woman may take fish, 
by angling, without obtaining a fishing license. The 
provisions of section one hundred and eighty-five 
in so far as the same are applicable to licenses shall 
apply to all licenses issued under this section. If 



38 Conservation J jaw. 

a rc'Hident of iliis Htate may lawfully fish in such 

part of said boundaiy waters as are not within the 

jinisdiction of the state of New York without being 

icijiiircd to obtain a fishinj^ license from the state 

(ir coiiiitry liaviii<< jiiiisdictioii over the said waters, 

(hen a resident of such state or country may take 

fish in such part of said boundary waters as are 

within the juiisdiction of tlie state of New York 

witlKjut obtaining"; tlie nonresident lishitig license 

jjrcjvided for hei'cin. 

[Added by cliaplcr 1T.\, Laws of I'Jlo ; amended bj 
eliai)ter 52:;, LawH of li)l(i.] 

PART V. 

Quadrupeds. 

Section 190. Wild deer; open season; limit; manner 
of takiii*,'. 

191. Possession of wild deer or venison. 

192. Deer; open season, special. 

193. Doos to l)e licensed. 

194. Wild moose, elk, caribou and antelope. 

195. Black, ^my and fox squirrels; open 

season; limit. 
19G. llaies and labbits; open season; limit; 

sale. 
197. Heaver; close season. 
19H. Mink, raccoon and sable; open season. 
109. Sk'Mik. 

200. Pro[>ajj:at ion of fur bearinf? animals per- 
inilted. 



Conservation Law. 39 

Section 201. MuHkrat; open season. 

202. Land turtles. 

203. Penalties. 

§ 190, Wild deer; open season; limit; manner of 
taking. 1. Open season. Only wild deer having 
horns not less than three inches in length may be 
taken from October first to November fifteenth, 
botii incluHJve, and in wholly inclosed deer parks 
and in the counties of Clinton, Khhcx, Franklin, Ful- 
ton, Hamilton, Herkimer, .Jelferson, Lewis, Oneida, 
Oswego, Saratoga, St. Lawrence, Warren and Wash- 
ington. 

[As amended by chapter 521, Laws of 1916.] 

2. Limit. A person may take two such wild deer 
in an o|j<in season, and the taker may transport, when 
accompanying tlie same, or possess for that purpos<» 
one carcass or part th<;reof at any one time, or ho 
may trauajiort the same as provided by section one 
hundicid and seventy-eight. 

[As amended by chapter 92, I^aws of 1914.] 

3. Manner of taking. Wild deer may be taken only 

on land. No jacklight or other artificial light, trap, 

saltlick, or other device to entrap or entice deer shall 

be used, made or set, nor shall any deer be taken 

by aid or use thereof. Deer shall not be hunted, 

pursued or killed by any dog of either sex. 

[Ah amendwl bv chapter 508, Laws of llil.'i, and chapter 
C21, Laws of 1010.] 

§ 191. Possession of wild deer or vension. Wild 

deer or ji'enison lawfully taken may be possessed from 



40 Conservation Law. 

October first to November twentieth, both inclusive. 
A person may possess such deer or venison from 
November twenty-first to February first, both in- 
clusive, provided a license so to do shall first be ob- 
tained from the commission. Every person obtain- 
ing such license shall pay to the commission a fee of 
one dollar. Deer or venison so possessed shall at 
all times be marked or tagged in such manner as 
the commission may provide. If possession of deer 
is obtained for transportation after October first and 
before midnight of November sixteenth, it may law- 
fully remain in the possession of a common carrier 
the additional time necessary to deliver the same to 
its destination. Possession of deer or venison, or 
any part thereof, from November sixteenth to Febru- 
ary first, both inclusive, shall be presumptive evi- 
dence that the same was unlawfully taken. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914, and chapter 521, Laws of 1916.] 

§ 192. Deer, open season, special. Only wild deer 
having horns not less than three inches in length 
may be taken in Ulster county and in the towns of 
Neversink, Cochecton, Tusten, Highland, Lumberland, 
Forestburg, and Bethel, and all that section of the 
towns of Mamakating and Thompson, lying south of 
the Newburgh and Cochecton turnpike, in Sullivan 
county, and the town of Deerpark in Orange county, 
from November first to November fifteenth, both 
inclusive. 

[As amended by chapter 508, Laws of 1913.] 



Conservation Laic. 41 

§ 193. Dogs to be licensed. Ko dog of either sex 
Bhall be taken into the Adirondack or the Catskill 
Park, or into forests inhabited by deer, or harbored 
or possessed therein, unless the OAvmer shall first 
obtain a license for such dog from the commission, 
and pay a fee of one dollar therefor. The license 
shall be issued by the commission in its discretion 
and under such rules and regulations as it may 
deem advisable and shall terminate with the calendar 
year in which issued. A metal tag marked with a 
number corresponding to the number of the license 
shall be issued with the said license, and shall be 
attached to a collar and shall be at all times worn 
by the dog so licensed. 

Dogs of either sex, licensed as herein provided, 
shall not run at large in the Adirondack or the 
Catskill Park or forests inhabited by deer, unac- 
companied by the owner. 

Any act committed or done contrary to the pro- 
visions of this section, or the neglect to perform 
any duty provided therein, shall be deemed a viola- 
tion thereof for which the owner shall be liable. 

Any person may and it shall be the duty of every 
game protector to kill any dog of either sex pur- 
suing or killing deer, and no action for damages 
shall be maintained against the person for such 
killing. The prohibitions of this section shall not 
apply to dogs upon lands actually farmed or culti- 
vated by the owner of such dog, or within the limits 
of an incorporated village or town, or a community 



42 Conservation Law. 

having a resident population of not less than one 
hundred individuals. 

[Old section repealed, new section added by chap- 
ter 521, Laws of 1916.] 

§ 194. Wild moose; elk; caribou and antelope. 
There shall be no open season for wild moose, elk, 
caribou and antelope; but they may be brought into 
the state for breeding purposes. The flesh or any 
portion of any such animal may be possessed or 
transported by the owner thereof provided such 
animal was killed by the owner thereof, in a private 
park within the state, and further provided that the 
provisions of section three hundred and seventy-two 
in so far as the same are applicable are in all 
respects complied with. 

[As amended by chapter 521, Laws of 1916.] 

§ 195. Black, gray and fox squirrels; open season; 
limit. 

1. Open season. Black, gray and fox squirrels may 
be taken and possessed from October first to Novem- 
ber fifteenth, both inclusive, except on Long Island, 
where they may be taken and possessed from 
November first to December thirty-first, both in- 
clusive. No person shall take black, gray or fox 
squirrels within the corporate limits of any city or 
village. 

2, Limit. A person may take five such squirrels, 
either all of one kind or partly of each, in one day. 

[As amended by chapter 508, Laws of 1913.] 



Conservation Law. 43 

§ 196. Hares and rabbits; open season; limit; 
sale; breeding. 

1. Open season. The open season for varying hares 
and cottontail rabbits shall be from October first to 
January thirty-first, both inclusive, except on Long 
Island where the open season for varying hares and 
cottontail rabbits shall be from November first to 
December thirty-first, both inclusive. The use of 
ferrets is at all times prohibited, except that the 
commission may by resolution permit ferrets to be 
used in particular counties. The owners or occu- 
pants of inclosed or occupied farms and lands or a 
person duly authorized in writing by such owner or 
occupant may take except by use of ferrets in any 
manner at any time and in any number varying 
hares and cottontail rabbits which are injuring their 
property. Except in counties where the use of fer- 

'rets is permitted by the conservation commission the 
possession of ferrets afield shall be presumptive evi- 
dence of their illegal use. 

2. Limit. A person may take six varying hares 
or cottontail rabbits either all of one kind or partly 
of each in one day. 

3. Sale. Varying hares and cottontail rabbits maj 
be bought and sold during the open season for the 
taking thereof and when brought from without the 
state, may be bought and sold at any time and in 
any number. 



44 Conservation Law. 

4. Breeding. Varying liares and cotton-tail rab- 
bits wlien bred in captivity may be bought F.nd sold 
for food purposes during the close season therefor, 
provided a license so to do shall have first been 
obtained from the commission, upon the payment to 
it of a license fee of hve dollars a year. Varying 
hares and cotton-tail rabbits so bred may be bought 
and sold for food purposes during the close season, 
provided the same shall first have been tagged with 
an indestructible tag or seal which shall be supplied 
by the commission luider such rules and regulations 
as it deems advisable. 

[Subd. 4 added by chapter 521, Laws of 191G.1 
[As amended by chap. 521, Laws of 191(3.] 
See Additional Protection Orders. 

§ 197. Beaver; closed season. No person shall take 
or possess beaver at any time or molest or disturb 
any wild beaver or the dams, houses, homes ox 
abiding places of same, except as permitted in sec- 
tion one hundred and fifty-eight. 

[As amended by chapter 521, Laws of 1916.] 

§ 198. Mink; raccoon and sable; open season. 
IVIink, raccoon and sable may be taken either in the 
daytime or at night and in any manner and possessed 
from November tenth to March fifteenth, both inclu- 
sive. 

[As amended by chapter 50,9. Laws of 1013. and by 
chapter 92, Laws of 1914, and chapter 521, Laws of 
1916.] 

§ 199. Skunk. Skunk may be taken either in the 
daytime or at night and in any manner, but they 



Conscrvaiioii Law. 45 

shall not be taken from holes or dens by digging, 

smoking or the use of chemicals, and they may be 

possessed from November tenth to February tenth, 

both inclusive. Skunks which are injuring property 

or have become a nuisance may be taken at any time 

in any manner. 

[As amended by chapter 508, Laws of 1913, and by 
chapter 92, Laws of 1914.1 

§ 200. Propagation of fur bearing animals per- 
mitted. All species of fur-bearing animals protected 
by this chapter may be kept alive in captivity at all 
times for purposes of propagation and sale only, pro- 
vided a license so to do shall first have been obtained 
from the commission. Every person obtaining such 
license shall pay the commission the sum of five 
dollars as a license fee. No fur bearing animals 
shall be thus kept which are taken wild during the 
close season for such fur-bearing animals, and such 
fur-bearing animals so kept shall not be disposed of 
in any way during the close season. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] 

§ 201. Muskrat; open season. Muskrat may be 
taken in any manner, except as herein prohibited, 
day or night, and possessed from November tenth to 
April twentieth, both inclusive. Muskrat houses 
shall not be molested, injured or disturbed at any 
time. The taking of muskrats by shooting is 
prohibited. 

[As amended by chapter 147, Laws of 1913, chapter 
508, Laws of 1913, and chapter 92, Laws of 1914, and 
chapter 521, Laws of 1916.1 



46 Conservation Law^ 

% 202. Land turtles. Taking, killing or exposing 
for sale of all land turtles or tortoises, including the 
box turtle and the wood turtle, is hereby prohibited. 

§ 203. [Repealed by chapter 521, Laws of 1916.] 

PART VL 

Birds. 
Section 210. Game birds defined. 

211. Anatidae or water fowl, open season, 

limit, manner of taking. 

212. Water fowl, open season, manner of 

taking, special. 

213. Rallid£E; open season, limit. 

214. Gallinae or upland game birds, open 

season, limit. 

215. Upland game birds, open season, limit, 

special. 

216. Limicolae or shore birds, open season, 

limit, 

217. Shore birds, open season, special. 

218. Antwerp or homing pigeons. 

219. Certain wild birds protected. 

220. Destroying or robbing nests. 

221. Snares, nets, and traps. 

222. Game shall not be taken on certain 

public lands. 
222-a. Game not to be taken from an auto- 
mobile. 

223. Penalties. 

§ 210. Game birds defined. For the purpose of this 
act the following only shall be considered game birds. 



Conservation Law. 47 

The anatidse or water fowl, commonly known as 
geese, brant, swans and river and sea ducks ; 

The rallidse, commonly known as rails, American 
coots, mud hens and gallinules; 

The gallinse, or upland game birds, commonly 
known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quail. 

The limicolffi, or shore birds, commonly known as 
woodcock, snipe, plover, surfbirds, sandpipers, tatlers 
and curlews. 

§ 211. Anatidae or water fowl; open season; limit; 
manner of taking. 

1. Open season. Water fowl, wild and domestic, 
may be taken from September sixteenth to January 
tenth, both inclusive. They may be possessed from 
September sixteenth to January fifteenth, both in- 
clusive. There shall be no open season for wood 
duck and swan. 

2. Limit. A person may take during the open 
season, not to exceed twenty-five water fowl in the 
aggregate of all kinds in one day. Whenever two or 
more persons are occupying the same boat, battery 
or blind, not to exceed forty water fowl in the aggre- 
gate of all kinds may be taken in one day by such 
persons. 

3. Manner of taking. Water fowl may be taken 
during the open season from the land, from a blind 
or Coating device used to conceal the hunter (other 



48 Conservation Law. 

than a sail or power boat) from a rowboat, when 
the same is within fifty feet of the shore or a natural 
growth of flags or in pursuit of wounded birds. 
Flocks of ducks shall not be pursued in fresh water 
:S0 as to drive them away from any neighborhood. 
[Re-enacted without change, as amended by chapter 
508, Laws of 1913 ; amended by chapter 521, Laws of 
1916.] 

§ 212. Water fowl; open season; manner of tak- 
ing; special. 

1. Open season. Water fowl on Long Island and 
the waters adjacent thereto may be taken from 
^October first to January tenth, both inclusive. 

2. Manner of taking. Water fowl may be taken 
'by aid of any floating device other than sailboats or 
power boats, at any distance from shore on Long 
Island Sound, Shinnecock, Gardiner and Peconic 

'bays, during the open season therefor, and except 
ifrom October first to October nineteenth, both in- 
-clusive, in Great South Bay west of Smith's Point 
.a.nd east of the Xassau-Sufl'olk county line. 

§ 213. Rallidse; open season; limit. 

1. Open season. Rails, American coots, mud hens 
.and gallinules may be taken and possessed from 
.September sixteenth to December thirty-first, both 
■inclusive. 

2. Limit. A person may take during the open 
^season not to exceed fifteen of such birds in the 



Conservation La^. 49 

aggregate of all kinds in one day. Whenever two 
cr more persons are occupying the same boat or 
blind, not to exceed twenty of such birds shall be 
taken in the aggregate of all kinds in one day by 
Buch persons. 

§ 214. GallinEe or upland game birds; open season; 
limit. Upland game birds may be taken as follows, 
and when so taken may be possessed during the 
open season therefor and for an additional period of 
the five days next succeeding the said open season. 

[As amended by chapter 521, Laws of 1916.] 

1. Quail. There shall be no open season for quail 
before October first, nineteen hundred and eighteen. 

2. Grouse or partridge. October first to November 
thirtieth, both inclusive. A person may take not to 
exceed four grouse or partridge in one day and 
twenty in the open season. 

[See Additional Protection Orders.] 

3. Wild pheasants. On the last two Thursdays 
in the month of October and the first two Thursdays 
in the month of November and possessed during the 
period of time between the first open Thursday in 
October and the last open Thursday in November, 
inclusive. Only wild male pheasants may be taken. 
A person may take and possess not to exceed three 
wild male pheasants in the open season. 

£See Additional Protection Orders.] 



50 Conservation Law. 

4. Partridge. There shall be no open season for 

Hungarian or European gray legged partridge. 

[As amended by chapter 508, Laws of 1913, and 
Chapter 92, Laws of 1914.] 

§ 215. Upland game birds; open season; limit: 

special. Quail, pheasants, and grouse may be taken 

on Long Island from November first to December 

thirty-first, both inclusive. A person may take not 

to exceed ten quail, six male pheasants and four 

grouse in any one day and fifty quail, thirty-six male 

pheasants and twenty grouse, in the open season on 

Long Island. 

[As amended bv chapter 508, Laws of 1913. and chapter 
621, Laws of 1916.] 

§ 216. Limicolae or shore birds; open season; 
limit. Shore birds may be taken as follows, and 
when so taken may be possessed during the open 
season therefor and for an additional period of the 
five days next succeeding the said open season. 

1. Woodcock. October first to November fifteenth, 
both inclusive. A person may take not to exceed 
four woodcock in one day and twenty in the open 
season. 

2. Snipe, plover, surf birds, sandpipers, ta tiers and 
curlews. September sixteenth to November thirtieth, 
both inclusive. A person may take not to exceed 
fifteen shore birds in the aggregate of all kinds in 
one day. Whenever two or more persons are occu- 
pying the same boat or blind not to exceed twenty- 



Conservation Law. 51 

five shore birds may be taken in the aggregate of 
all kinds in one day by such persons. 

[Re-enacted without change, as amended by chapter 
508, Laws of 1913, and chapter 521, Laws of 1916.] 

§ 217. Shore birds; open season; special. Shore 
birds may be taken on Long Island as follows: 

1. Woodcock. October fifteenth to November thir- 
tieth, both inclusive. 

2. Snipe, ployer, surfbirds, sandpipers, tatlers and 
curlews. August first to November thirtieth, both 
inclusive. 

[As amended by chapter 521, Laws of 1916.] 

§ 218. Antwerp or homing pigeons. No person 
ehall take or interfere with any Antwerp or homing 
pigeon if it have the name of its owner stamped 
upon its wing or tail, or wear a ring or seamless 
leg band with its registered number stamped thereon, 
or have any other distinguishing mark; nor shall 
any person remove any such distinguishing mark 
from any such pigeon. 

§ 219. Certain wild birds protected. Wild birds 
other than the English sparrow, starling, crow, hawk, 
crow-blackbird, snow-owl, great horned owl, great 
blue heron, bittern and king-fisher shall not be taken 
or possessed at any time, dead or alive, except under 
the authority of a certificate issued under this 
article. No part of the plumage, skin or body of 
any bird protected by this section or of any birds 



52 Conservatiun Law. 

coming from without tlie state, whether belonging 
to the same or a dilTerent species from that native 
to the state of New York, provided such birds belong 
to the same family as those protected by this article, 
shall be sold or had in possession for sale. The 
provision of this section shall not apply to game 
l)irds for which an open season is provided in this 
article, birds or parts thereof collected or possessel 
in accordance with the provisions of section one lum- 
<dred and fifty-nine. 

[As amended by chapters 77 and 521, Laws of 191G.] 

§ 220. Destroying or robbing nests. Nests of wild 
'birds other than the English sparrow, starling, crow, 
hawk, crow-blackbird, snow-oAvl, great horned owl 
:find kingfisher shall not be robbed or wilfully de- 
fitroj'^ed, except when necessary to protect buildings 
or prevent their defacement, or when taken under 
the authority of the commission. 

§ 221. Snares, nets or traps. No wild bird, or 
Ibird for which a close season is provided, shall be 
trapped, netted or snared, or, if so taken, possessed. 
'^o net, trap or snare for taking pheasants, grouse 
or quail, shall be set, placed or used where such birds 
•can be taken. Any such net, trap or snare is de- 
clared to be a public nuisance, and may be sum- 
marily abated and destroyed by any person, and it 
«hall be the duty of every protector to seize and 
destroy any such device. 

[As amended by chapter 508, Laws of 1913.] 



Conservation Laic. 53- 

§ 222. Game shall not be taken on certain public 
lands. Game shall not be taken on the lands pur- 
chased or condemned by any municipality within 
the state for the purpose of supplying any munic- 
ipality with water and protecting the same from 
pollution and contamination, or on any public high- 
way, except public highways other than state or 
county highways within the forest preserve counties^ 

[As amended by chapter 405, Laws of 1916.] 

§ 222-a. Game not to be taken from an auto- 
mobile. Xo person while in an automobile shall take 
game; nor by aid or use of any light or lights 
carried thereon or attached thereto. 

[As added by chapter 404, Laws of 1916.] 

§ 223. [Repealed by chapter 521, Laws of 1916.} 

PART VII. 
Fish. 
Section 230. Sale of minnows for bait. 

231. Bass; open season; limit. 

232. Trout; open season; limit. 

234. Lake trout and whitefish; open seasou 

and size limit; catch; sale of. 

235. Lake trout and whitefish; open season j 

special. 

236. Pikepereh; open season; size limit;. 

sale of. 

237. Pickerel and pike; open season and 

limit; sale of. 



54 Conservation Law. 

Section 238. Short nosed sturgeon; lake sturgeon; 
sea sturgeon ; open season and size 
limit; sale of. 

239. Maskalonge; open season and size limit; 

sale of. 

240. Striped bass; size limit; sale of. 

241. Smelt or icefish; open season and size 

limit; sale of. 

242. Prohibited; stocking private waters. 

243. Prohibited; disturbing bass, trout and 

lake trout while spawning, 

244. Prohibited; thumping. 

245. Prohibited; explosives. 

246. Prohibited; obstructing streams. 

247. Prohibited; polluting streams. 

248. Prohibited; polluting waters used by 

state fish hatcheries. 

249. Prohibited; drawing off water. 

250. Prohibited; placing fish in certain 

waters. 

251. Prohibited; fishing near fishwaya. 
*253. Tip-ups. 

254. Set and trap lines. 

255. Spearing. 

256. Eel weirs and eel pots. 

257. Frogs. 

258. Penalties. 

§ 230. Sale of minnows for bait. No person shall 
take minnows for bait with a net, trap or seine or 



So in original. 



Conservation Law. 55 

sell minnows so taken without having first obtained 
a license so to do from the commission. Provided, 
however, that no license shall be required from a 
person to take minnows for his own use and not 
for sale. Minnows shall not be taken within one 
hundred feet of any dock, pier or boat landing struc- 
ture along the Saint Lawrence river without the 
consent of the owner thereof, nor shall they be 
taken with a net, trap or seine in waters inhabited 
by trout. 

§ 231. Bass; open season; limit. 

1. Open season. Black bass not less than ten 
inches in length may be taken and possessed from 
June sixteenth to November thirtieth, both in- 
clusive. 

2. Size of catch. A person may take not to ex- 
ceed fifteen such black bass in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed twenty-five in 
one day. 

[See Lake George. See Additional Protection Orders.] 

§ 232. Trout; open season; limit. 

1. Open season. Trout not less than six inches 
in length may be taken and possessed from the first 
Saturday of April to August thirty-first, both in- 
clusive. 



56 Conservation Law. 

2. Size of catch. A person may take not to exceed 

ten pounds of trout in one day. 

[As amended bv chapter 508, Laws of 1913 and 
Chapter 92, Laws of 1914.1 

[§ 233. Repealed by chapter 508, Laws of 1913.] 

§ 234. Lake trout and whitefish; open season, and 
size limit; catch; sale of. 

1. Open season and size limit. Lake trout not 
less than fifteen inches in length and Avhitefish not 
less than one and three-quarters pounds in the round 
may be taken and possessed from April first to 
September thirtieth, both inclusive. 

2. Otsego whitefish, commonly called Otsego bass, 
not less than nine inches in length may be taken 
and possessed from January first to October thirty-, 
first, both inclusive. 

3. Size of catch. A person may take by angling 
not to exceed ten lake trout in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed fifteen in one 
day. Whitefish may be taken in any number or 
quantity. 

4. Sale of. Such lake trout and whitefish may be 

bought and sold during the open season therefor. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] [See Lake George.] 

§ 235. Lake trout and whitefish; open season; 
special. Lake trout and whitefish may be taken in 



Conservation Law. 67 

Lakes Erie and Ontario in any number or quantity 
at any time, and when so taken may be possessed, 
bought and sold, provided that every person to whom 
a license is issued to take such fish with a net or 
nets operated from power boats shall, when required 
by the commission, furnish without charge to the 
commission eggs and milt from such fish taken by 
him during the spawning season. Such eggs and 
milt shall be taken by the commission for propaga- 
tion only and shall be taken from the fish by the 
agents of the commission. The person to whom 
Bueh license is issued may be required by the com- 
mission to give a bond with sufficient sureties 
approved by the commission conditioned that he 
will furnish such eggs and milt as aforesaid and 
permit the agents of the commission to be present 
in any such boat at the time of the taking of such 
lish for the purpose of taking such eggs and milt 
and conditioned that he will not hinder or delay 
such agent in the performance of such duty nor in 
the landing of such eggs and milt from said boat in 
good order. 

Lake trout not less than fifteen inches in length 
and white fish not less than one and three-quartera 
pounds in the round taken without the state may 
be imported into this state at any time and when 
80 imported may be possessed, bought and sold, 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] 



58 Conservation Law. 

§ 236. Pike perch; open season; size limit; sale of. 

1. Open season; size limit and sale of. Pikeperch 
not less than twelve inches in length may be taken, 
possessed, bought and sold in any number or 
quantity from May thirtieth to March first, both 
inclusive. 

2, Blue pike perch and saugers of any size may be 

taken at any time and in any number or quantity 

in Lakes Erie and Ontario and in the lower Niagara 

river, and when so taken may be possessed, bought 

and sold. 

[Amended by chapter 403, Laws of 1916.] 
[See Lake George.] 

§ 236-a. Yellow perch; open season; sale of. 1. 
Yellow perch may be taken and possessed, in any 
number or quantity, from the waters of Cazenovia 
lake, Otisco lake, Skaneateles lake, Cross lake, 
Onondage lake and Jamesville reservoir, only be- 
tween the first day of May and the first day of 
Marcli, both inclusive. 

2. Such yellow perch may be bought and sold dur- 
ing the open season therefor, 

[Added by chapter 219, Laws of 1915, and amended by 
chapter 521, Laws of 1S)16.] 

§ 237. Pickerel and pike; open season and limit; 
sale of. 

1. Open season. Pickerel and pike in any number 
or quantity may be taken and possessed from May 
first to March first, both inclusive, except as herein 
provided. 



Conservation Lmv. 59 

2. Limit. In the Saint Lawrence river a person 
may take in one day not to exceed twelve great 
northern pike, locally known as " pickerel " not less 
than twenty inches in length. 

3. Sale of. Such pickerel and pike may be bought 
and sold during the open season therefor. 

[See Lake George.] 

§ 238. Shortnosed sturgeon; lake sturgeon; sea 
sturgeon; open #season and size limit; sale of. 

1. Open season and size limit, Shortnosed stur- 
geon not less than twenty inches in length may be 
taken and possessed from July first to April thir- 
tieth, both inclusive, in any number or quantity. 
Lake sturgeon not less than thirty inches in length, 
and sea sturgeon not less than four feet in length 
may be taken and possessed in any number or quan- 
tity at any time. 

2. Sale of. Such sturgeon may be bought and 
sold during the open season therefor. 

§ 239. Maskalonge; open season and size limit; 
sale of. 

1. Open season and size limit. Maskalonge not 
less than twenty-four inches in -length may be taken 
and possessed from June sixteenth to December 
tliirty-first, both inclusive, in any number or quan- 
tity. No person shall take maskalonge through the 
ice. 



60 Conservation Law. 

2. Sale of. Such maskalonge may be bought and 
sold during the open season therefor. 

§ 240. Striped bass; size limit; sale of. Striped 
bass not less than twelve inches in length may be 
taken by angling and with nets and possessed and 
Bold in any number or quantity at any time. 

§ 241. Smelt or icefish; open season and size 
limit; sale of. 

1. Open season and size limit. Smelt or icefish 
not less than six inches in length may be taken from 
the inland waters of the state and in Lake Cham- 
plain in any number or quantity at any time. 
Smelt or icefish of any size may be brought from 
without the state or taken within the marine 
district. 

2. Possession and sale of. Such smelt or icefish 
may be possessed, bought and sold at any time. 

[As amended by chapter 508, Laws of 1913.] 

§ 241-a. Lake George, open seasons, special. The 
open seasons for taking fish in the waters of Lake 
George, in any part thereof, shall be as follov/s: 
Lake trout, from May -first to October first, both 
inclusive; pike perch, pickerel, great northern pike, 
from June sixteenth to December thirty- first, both 
inclusive; bullheads, from July first to December 
thirty-first, both inclusive; black bass, from August 
first to December fifteenth, both inclusive. 

[Inserted by chapter 583, Laws of 1913.] 



Conservation Law. 61 

§ 242. Prohibited; stocking private waters. Trout 
or lake trout shall not be taken from any of the 
waters of the state for the purposes of stocking 
private ponds or streams. Provided, however, that 
any person desirous of aiding the state in the propa- 
gation and distribution of trout, may on approval 
of tlie commission, take trout eggs from trout in 
public waters for breeding purposes and such trout 
Siiall be returned to the waters from which they 
were taken. Before permission is given, or trout 
taken as herein provided, the applicant shall show- 
conclusively that he has facilities for breeding 
trout, and must execute a satisfactory bond to the 
peojile of the state, to be approved by the com- 
mission, conditioned that he 'will not sell, give 
away, convert to his own use, or otherwise dispose 
of any trout, or eggs taken under said permit, and 
Avill return the young trout to public waters at 
sucli times and places as the commission may 
designate. 

[As amended by chapter 508, Laws of 1913.] 

§ 243. Prohibited; disturbing bass, trout, and lake 
trout while spawning. Bass, trout and lake trout 
on spawning beds in the close season shall not 
be disturbed, nor shall their spawn or milt be taken 
from the spawning beds except as provided by the 
preceding section, and section one hundred and fifty- 
five. 



62 Conservation Law. 

§ 244. Prohibited; thumping. Sailing, rowing, 
pushing or floating in any boat or vessel in a water- 
way, river, run or channel, bay or sound, or patrol- 
ling the banks of such waterway, river, run or chan- 
nel, bay or sound, and stamping, jumping, shouting,, 
pounding, beating or splashing the water, beating 
or pounding the banks, or boat while a seine or net 
is set, drawn, held, or used in such waterway, river, 
run or channel, bay or sound, with intent to drive 
fish into such seine, or net, which acts are commonly 
known as thumping, are hereby forbidden. 

§ 245. Prohibited; explosives. Fish shall not be 
taken by means of explosives. Except for mining or 
mechanical purposes, dynamite or other explosives 
shall not be used in any of the waters of this state, 
or possessed upon the waters, shores or islands 
thereof. Possession thereof by any person on the 
waters, shores or islands thereof, of this state shall 
be presumptive evidence that the same is possessed 
for use in violation of the provision of this section. 

§ 248. Prohibited; obstructing streams. Except 
as provided in section two hundred and fifty-six or 
as directed by the commission, no person shall by 
means of any rack, screen, weir, or other obstruction 
in any creek, stream or river, prevent the passage 
of fish. The commission may order such an obstruc- 
tion to be removed by the person erecting the 
same or by the owner of the land on which the 



Conservation Law. 6$ 

same is located. A copy of the order shall h& 
served on such person or owner. Failure to comply 
with the terms of such order A>ithin ten days> 
after service of the same shall be deemed a viola- 
tion of this section. 

[As amended by chapter 508, Laws of 1913.] 
I 

§ 247. Prohibited; polluting streams. No dye- 

btuffs, coal tar, refuse from a gas house, cheese- 
factory, creamery, condensery or canning fac-tory^ 
sawdust, shavings, tanbark, lime or other dele- 
terious or poisonous substance shall be thrown or 
allowed to run into any waters, either private or 
public in quantities injurious to fish life inhabit^ 
ing the same, or injurious to the propagation of 
fish therein. 

[Re-enacted without change, chapter 508, Laws of 
1913.] 

§ 248. Prohibited; polluting of waters used bjr 
state fish hatcheries. No person shall erect or 
maintain any privy, watercloset, pigsty, hogpen, in- 
closure for poultry, barn or barnyard in which 
animals or poultry are kept, or drain from any 
building or the cellar thereof, where drainage or 
refuse therefrom will flow into or find its way into- 
water used by any fish hatchery operated by the 
state, or into any pond, creek or stream used ia 
connection therewith. Every such privy, water- 
closet, pigsty, hogpen, enclosure, barn, barnyard and 
drain is hereby declared to be a public nuisance,. 



64 Conservation Law. 

^Tid may be summarily abated by the commission, 
JS^o person shall place sewage or other matter inju- 
rious to fish where the same can find its way into 
vater used by any fish hatchery operated by the 
«tate, or suffer the same to be done from, over or 
through premises owned or occupied by him. 

§ 249. Prohibited; drawing off water; fishing. Xo 
•person shall take fish by shutting or drawing ofT 
water for that purpose. No person shall hold back 
•or divert the water in any stream which supplies a 
state hatchery so as to prevent the necessary flow 
■of sufficient Avater for hatchery purposes. 

No person, except under authority of the com- 
anission, shall take fish from the waters of any 
iish hatchery. 

[As amended by chapter 508, Laws of 1913.] 

§ 250. Prohibited; placing fish in certain waters. 
yish or eggs thereof other than trout, lake trout, 
frostfish, whitefish and smelt, shall not be placed in 
Any waters of the state inhabited or stocked with 
irout. No person shall put or place in any public 
waters of the state fish commonly known as carp, 
nor shall any person put or place in such waters 
the spawn of such fish or use such fish as bait in the 
water thereof. Whenever the conservation commis- 
sion shall determine that any waters of the state 
lieretofore inhabited or stocked with trout are no 
longer inhabited by trout or are unsuitable as trout 



Conservation Law.. f>,"5 

waters, the commission may make an order permit- 
ting such waters to be stocked with any species of 
fish in addition to trout, lake trout, frostfish, white- 
fish or smelt, or the eggs thereof. 

[As amended by chapter 92, Laws of 1914.] 

§ 251. Prohibited; fishing near fishways or dams. 
The commission may maintain fifty rods from any 
dam or fishway erected by the state in public waters, 
on both sides of the stream above and below the fish- 
way or dam (as the case may be) signboards con- 
taining substantially the following notice: ''Fi.'"ty 
rods to the fishway or dam (as the case may be) ; all 
persons are prohibited by law from fishing in this 
stream between this point and the fishway or dam " 
(as the case may be). No person shall take fish 
within fifty rods of any fishway or dam posted with 
signboards as provided in this section. 

[As amended by chapter 92, Laws of 1914.] 

§ 252. Prohibited; taking fish through the ice in 
certain waters. No person shall take fish through 
the ice in waters inhabited by trout unless an 
order specifying the waters and fixing the season 
Bhall first be made by the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 253. Tip-ups. Tip-ups may be used, for fishing 
through ice except in waters inhabited by trout, ta 
take bullheads, catfish, eels, perch, sunfish, and ex- 
cept during the months of March and April, pike- 
perch, pike and pickerel. No person shall operatf 
3 



86 .Conservation Law. 

or control at the same time more than fifteen tip- 
ups. All tip-ups must be marked with the name and 
address of the owner thereof. 

[As amended by chapter 508, Laws of 1913.] 

§ 254. Set and trap lines. Set lines may be used 
except in waters inhabited by trout to take white- 
fish, bullheads, catfish, eels, perch, sunfish, carp, 
mullet and dogfish, provided an order specifying 
the waters and fixing the season shall first be made 
by the commission. Set and trap lines may be 
used to take sturgeon in any waters during the 
open season therefor, provided a license for so 
doing shall first be obtained from the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 255. Spearing. Spears, grappling hooks, naked 
hooks or snatch hooks may be used, except in waters 
inhabited by trout, for taking whitefish, mullet, 
carp, catfish, dogfish, bullheads, suckers and eels 
at any time, provided an order specifying the waters 
and fixing the season shall first be made by the 
commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 255-a. Taking certain non-game fish. Suckers, 
mullet, carp, bullheads and eels may be taken by 
snatch hooks only in any stream in the state at any 
point in such stream not less than five miles below 
the source thereof, between November first and 
April thirtieth, both inclusive. In taking such fisli 



Conservation Law. 67 

under the provisions of this section, driving shall 
be permitted. Ihe requirements, prohibitions, con- 
ditions and exceptions prescribed by sections two hun- 
dred and fifty -two and two hundred and fifty-five of 
this chapter shall not apply to the taking of fish 
described in this section with snatch hooks within 
the times herein prescribed. 

[Added by chapter 297, Laws of 1915.1 

§ 255-a. Spearing in Niagara river. 1. Fish except- 
ing trout, black bass, pickerel and maskalonge may 
be taken in the Niagara river between the lower 
steel arch bridge and the suspension bridge at Lewis- 
ton Heights Avith spears, at any time during the open 
season for such fish. No such fish, however, shall be 
taken of a size less than that prescribed by this 
chapter. 

[Added by chapter 299, Laws of 1915.] 

2. Every person, before taking fish with a spear as 
herein provided, shair obtain a license therefor from 
the town or city clerk of the town or city in which 
he resides. Such town clerk shall be entitled to re- 
ceive a fee of one dollar for issuing such license to 
be disposed of in the manner provided by subdivision 
four of section one hundred and eighty-five of this 
chapter. 

§ 256. Eel weirs and eel pots. Eel weirs and eel 
pots of such form as may be prescribed by the com- 
mission may be used at any time for taking eels, 



CS Conservation Law. 

provided a license for so doing shall first be ob- 
tained from the commission. Eel weirs shall not 
l-.e used in waters inliabited by trout. This section 
shall not apply to waters of the marine district. 

§ 257, Frogs. Bullfrogs, green frogs, and spring 
frogs may be taken in any manner, possessed, 
bought and sold from June first to March thirty- 
first, both inclusive. They shall not be taken, 
possessed, bought or sold at any other time. 

§ 258. [Repealed by chapter 521, Laws of 1916.] 

PART VIII. 

Nets and Netting. 
Section 270. Nets to be licensed. 

271. Fish which may be taken with nets. 

Superintendent of inland fisheries. 

272. Size of mesh. 

273. Hauling of nets regulated. 

274. Nets to be tagged and buoyed. 

275. Prohibited; use of nets in certain 

waters. 

276. J lets in Lakes Erie and Ontario. 

277. Niagara river. 

278. Nets in Ohaumont bay and adjacent 

waters. 

279. Nets in Hudson and Delaware rivers 

and adjacent waters. 

280. Application. 

281. Vessels to carry employees of commis- 

sion. 



Conservation Law. 69 

Section 282. Nets to be destroyed. 

283. Seizure of nets; regulations in certain 

counties. 

284. Penalties. 

§ 270. Nets to be licensed. Unless otherwise pro- 
vided by this article, seines, gills, fykes, pounds, 
traps, scaps and other nets or devices may be set or 
used in any of the waters of the state provided a 
license so to do shall be first obtained from the com- 
mission. Eules regulating the use of seines, gills, 
fykes, pounds, traps, scaps and other nets or devices 
in any of the waters of the state, and providing for 
the licensing of such nets, together with a license 
fee therefor, may from time to time be prescribed by 
the commission when not inconsistent with law, and 
such rules shall be filed in the office of the commis- 
sion. 

[As amended by chapter 508, Laws of 1913.] 

§ 271. Fish which may be taken with nets. Su- 
perintendent of inland fisheries. When permitted by 
the commission lake trout, whitefish, pickerel, pike, 
pike perch, shad, herring, striped bass, smelt or ice- 
fish and sturgeon of all kinds, of the size limit and 
during the open season therefor as prescribed in part 
seven of this article, and all fish not protected by 
law may be taken by nets in waters of the state, in 
any number or quantity. For the purpose of super- 
vising the taking of fish with nets the commission 
is empowered to designate from the protectors a 



70 Conservation Law. 

superintendent of inland fisheries at a salary of not 

to exceed twenty-five hundred dollars per annum, 

and his actual and necessary expenses while in the 

performance of his official duties, not to exceed one 

thousand dollars. 

[As amended by chapter 508, Laws of 1913, and 
chapter 107, Laws of 1914.] 

§ j*;2. Size of mesh. When permitted the size of 
mesh of nets shall be as follows: 

1. Gill or other movable nets used for taking lake 
trout or whitefish, not less than two and three- 
eightlis inch bar. For taking Otsego whitefish, com- 
monly called Otsego bass, not less than one and one- 
half inch bar. 

2. Gill or other nets used for taking fish other 
than lake trout and whitefish, not less than one 
and one-eighth inch bar. 

§ .273. Hauling of nets regulated. No* nets or 
other devices for taking fish shall be hauled after 
sunset and before sunrise. 

[As amended by chapter 508, Laws of 1913.] 

§ 274. Nets to be tagged and buoyed. All nets 
or other devices for taking fish permitted under this 
part shall be buoyed and tagged in such manner as 
may be prescribed by the commission. 

§ 275. Prohibited; use of nets in certain waters. 
In waters inhabited by trout the use of nets of any 
kind is prohibited. This prohibition shall not apply 



Conservation Law, 71 

to landing nets used to land fish duly hooked by 
angling or to use of nets by the commission as pro- 
vided in section one hundred and fifty-five of this 
chapter. 

§ 276. Nets in Lakes Erie and Ontario. Fish, ex- 
ccjit black bass and maskalonge, may be taken with 
nets during the open season therefor in the waters 
of Lake Erie, except within one-half mile of the 
shores or islands thereof and within five miles of the 
mouth of Cattaraugus creek and, with the exception 
of sturgeon nets, within five miles of the head of 
Kiagara river during the open season; and in Lake 
Ontario opposite and between the east and west 
boundaries produced of Niagara county, except within 
one-half mile of the shores or islands of such lake 
and within one mile of the mouth of the Niagara 
river during the open season; and in Lake Ontario 
outside of such waters opposite Niagara county 
from May sixteenth to September thirtieth, both in- 
clusive, except within one mile of the shores or 
islands thereof during the open season, and from 
October first to May fifteenth, both inclusive, except 
within one-half mile of the shores or islands thereof 
during the open season. 

[As amended by chapter 664, Laws of 1913. and 
chapter 329, Laws of 1914, and chapter 627, Laws of 
1915.] 

§ 277. Niagara river. Seines and squat nets may 
be used to take fish except black bass, lake trout, 
whitefish and maskalonge in the Niagara river in 



72 Conservation Law. 

November, December, January and March. Fish ex- 
cept black bass, pike perch, lake trout, whitefish, 
pickerel and maskalonge may be taken by seine, 
machine or trap by citizens of tlie state in that part 
of the Niagara river in the town of Lewiston, 
Niagara county, during the time when Canadians 
may lawfully fish with such devices in said river 
on the Canada side opposite the town of Lewiston, 
provided a license therefor has been granted by the 
commission, and provided that lake trout and white- 
fish must not be taken during November and De- 
cember. 

§ 278. Nets in Chaumont bay and adjacent waters. 
Fish, except black bass and maskalonge, may be 
taken with nets during the open season therefor in 
the waters and bays of Lake Ontario, in the county 
of Jefferson between Horse island in the town of 
Hounsfield and the town line between the towns of 
Lyme and Cape Vincent, except the waters within 
one-half mile of Stoney island. Calf island or of the 
Galloup islands from October first to June first, both 
inclusive, and except the waters around Fox island 
within three-quarters of a mile of said island 
between a line running due north from the foet of 
said island, and a line running due cast from the 
south head of said island from October tenth to 
November twentieth, both inclusive. Such nets shall 
on order of the commission be removed from any 
place after the black bass begin to run there. 



Conservation Law. 73 

Sturgeon may be taken with sturgeon nets of not 

less than five inch bar at any time. 

[As amended by chapter 664, Laws of 1913, and chap- 
ter 521, Laws of 1916.1 

§ 279. Nets in Hudson and Delaware rivers and 
adjacent waters. Shad and herring may be taken 
with drifting nets operated by hand only from March 
fift-eenth to June fifteenth, both inclusive, in the 
Delaware river and that part of the Hudson river 
below the dam at Troy and north of Verplanck's- 
Point. No such net shall be set, placed or drawn,. 
or fish taken therefrom between sunset on Friday 
and sunrise on Monday. Fish, except salmon, black 
bass, trout, pike perch, and except also during 
March and April, pickerel and pike may be taken 
■with nets in the Hudson river below the dam at 
Troy, from September first to May thirtieth, both 
inclusive. Sturgeon may be taken in the Hudson 
river with sturgeon nets of not less than five and' 
one-half inch bar, from June first to September first,, 
both inclusive. 

§ 280. Application. The provisions of part VIII 
of this article, except sections two hundred and 
eighty-two and two hundred and eighty-three, shall 
only apply to the taking of fish from Lakes Erie 
and Ontario, the Hudson river north of Verplanck's. 
Point and the inland waters of the state. 

{As amended by chapter 508, Laws of 1913.] 



74 Conservation Law. 

§ 281. Vessels to carry employees of commission. 
Any person owning or operating a boat or vessel 
used for the taking of fish shall, at any time, per- 
mit game protectors or other employees of the com- 
mission to board such boats and inspect the cargo 
or contents, and shall at any time carry such per- 
sons for the purposes of inspecting nets or the haul- 
ing of the same, or the taking of fish eggs. 

§ 282. Nets to be destroyed. Seines, fykes, pounds, 
traps and other nets not authorized by law, had, set 
or used in or upon any of the inland or tidal waters 
of the state or on the shores thereof, or islands sur- 
rounded by said waters are hereby declared to be 
public nuisances, and shall be summarily seized, 
abated and destroyed by any game protector or may 
be sold by the commission at public auction to the 
highest bidder under rules and regulations estab- 
lished by it; provided, however, the commission may 
direct a game protector to retain certain nets or 
seines for the use of the state hatcheries. Posses- 
sion of nets other than as provided for by part VIII 
at any time by any person in or on or within five 
hundred feet of any waters of the state shall be pre- 
sumptive evidence that the same were unlawfully 
used. > 

[As amended by chapter 508, Laws of 1913.] 

§ 283. Seizure of nets; regulations in certain 
counties. The reasonable expense of the seizure, re- 



Conservation Law. 75 

moval or destruction of any net, pound or other 
illegal device shall be a county charge against the 
county in which the same shall be seized, and shall 
bo audited and paid as a county charge on verified 
statement of the game protector making the seizure, 
stating the time and place of such destruction, the 
name of the person or persons employed, the time 
spent and money paid, if any, therein. The board 
of supervisors of any county may, by resolution, 
make such further regulation in the presentation of 
said statement and the destruction of said devices 
as it may deem proper. 

§ 284. [Repealed by chapter 521, Laws of 1916.] 

PART IX. 

Fishways. 
Section 290. Notice of construction of dam. 
291. Fishways; penalties. 

§ 290. Notice of construction of dam. Before the 
construction of a dam is commenced on any of the 
inland waters of the state, the plan thereof, and a 
statement of the name, length and location of the 
waters on which the dam is to be built shall be 
given to the commission by the person, or if by 
public authority, by the official directing or permit- 
ting the work. 

§ 291. Fishways; penalties. The commission may 
on notice to the owner of the land or the official 



7Q Conservation Law. 

directing or permitting the work, make an order to 
be entered in its minutes and to be served by copy 
on such person or official directing the construction 
of fishways in any dam heretofore or hereafter built, 
or if there be fishways, the making of changes 
therein in accordance with specifications to be em- 
bodied in said order and it shall be the duty of the 
person or official so served to comply with such 
order within the time to be specified in said order, 
and every person or officer who fails or refuses to 
comply with or violates such order shall be guilty 
of a misdemeanor and be liable to a penalty of five 
dollars for every day such violation, failure or re- 
fusal continues. 

[As amended by chapter 508, Laws of 1913. §§ 292 
and 293 repealed by chapter 508, Laws of 1913.] 

PART X. 

Marine Fisheries. 
Section 300. Marine district described. 

301. Bureau of marine fisheries. 

302. Office and clerical force. 

J 303. Eeports relating to shellfish. 

S04» Leases for cultivation of shellfish, et 
cetera, limitations, 

305. Collection of rents. 

306. Settlement of disputes as to shellfish 
I leases. 

307. Provisions' for taxation; statement of 
'^-^ property; penalty; assessment of tax. 



Conservation Law. 77 

Section 308. Levy of tax, et cetera. 

309. Collection of tax. 

310. Sanitary inspection of shellfish grounds, 

et cetera. 
Sll. Duties of state commissioner of health. 

312. Record and certificate of inspection, et 

cetera, notice of condition of public 
shellfish grounds, 

313. Prohibited sale of shellfish unless sani- 

tary condition be certified, et cetera. 

314. Taking oysters in South bay. 

315. Blue Point oysters. 

316. Shellfish beds protected. 

317. Dredging and raking for shellfish. 

318. Scallops, size limit. 

319. Residents only to take shellfish. 

320. Star-fish to be destroyed. 

321. Prohibited; taking of lobsters under cer- 

tain size. 

322. Size of openings in lobster traps. 

323. Residents only to take lobsters, except 

in certain waters. 

324. Licenses for vessels, et cetera. 

325. Polluting waters. 

32G. Garbage not to be thrown in certain 
w^aters. 

327. Prohibited; use of nets in inlets. 

328. Prohibited; nets in the Harlem river 

and adjacent waters. 

329. Richmond county and Raritan bay. 



78 Conservation Law. 

Section 330. Jamaica bay and adjacent waters. 

331. Size of mesh in Coney Island creek. 

332. Rockaway bay, Jones' inlet and adjacent 

waters. 

333. Recording and fees. 

334. Supervisors of Nassau and Suffolk 

counties. 

335. Penalties. 

§ 300. Marine district described. The marine dis- 
trict shall include all waters in and adjacent to 
Long Island and all tidal waters of the state, except 
the Hudson river north of Verplanck's Point. 

§ 301. Bureau of marine fisheries. There shall 
continue to be a bureau of marine fisheries under 
the supervision and control of the commission. The 
commission may appoint for the bureau of marine 
fisheries a supervisor of marine fisheries, who shall 
administer the affairs of such bureau relating to 
shellfish and shell fisheries. 

[As amended by chapter 508, Laws of 1913.] 

§ 302. Office and clerical force. The commission 
may appoint for the bureau of marine fisheries a 
deputy supervisor of marine fisheries, a cashier who 
shall also perform the duties of bookkeeper who 
shall have a salary of two thousand dollars a year, 
a surveyor who shall have a salary of two thousand 
dollars a year and the expenses necessarily incurred 
by him in the discharge of his official duties not to 



Conservation Law. 79 

exceed seven hundred dollars a year, one confidential 
secretary who shall have a salary of eighteen hun- 
dred dollars a year, one or more bacteriologists and 
such clerical assistants as are actually needed for 
which appropriation shall have been made by the 
legislature. The supervisor, the deputy supervisor 
and the cashier shall take and subscribe the con- 
stitutional oath of office, and shall each execute and 
file a bond to the people of the state in the sum of 
five thousand dollars with sureties approved by the 
commission, conditioned for the faithful performance 
of their duties and to account for and pay over pur- 
suant to law. all moneys received by them or either 
of them in their office. During the absence or ina- 
bility to act of the supervisor, the deputy supervisor 
shall have and exercise all the power of the super- 
visor. All the officers and employees of the bureau 
of marine fisheries shall hold office during the 
pleasure of the commission. 

[As amended by chapter 508, Laws of 1913.1 

§ 303. Reports relating to shellfish. The super- 
visor shall, on or before the fifth day of each montli, 
make a report to the deputy in charge of the di- 
vision of fish and game of his proceedings for the 
preceding calendar month. He shall include in such 
report a detailed statement of his receipts from all 
feources, together with a statement of all land under 
water disposed of for shellfish cultivation and all 
Buch lands surrendered to the state, together with 



80 Conservation Laio. 

such other facts relating to the matters within his 
jurisdiction as he may deem necessary. He shall 
also in like manner make an annual report to the 
deputy comnii 815 loner of the same matters for the 
year ending with the first day of January preceding. 
In making the annual reports provided for in sec- 
tion twelve of the conservation law, the commission 
and deputy couiinissioner in charge of the division 
of fish and game shall include in such reports in 
addition to the matters required in said section a 
statement of all land under water disposed of for 
shellfish cultivation and all such lands surrendered 
to the state. 

§ 304. Leases for cultivation of shellfish; letting 
to be at public auction; re-leasing; reports; mark- 
ing ground; leases not transferable; summary pro- 
ceedings; limitations. 

1. Leases for cultivation of shellfish. The super- 
visor, under the direction and supervision of the 
commi'^'''nn. idmv Icmso lands under water for the 
cultivation of shellfish to persons who have resided 
in the state one year or more, but oyster beds of 
natural growth shall not be leased unless the same 
have for five years failed to produce natural oysters 
in siifficient quantities to enable persons engaged in 
the taking thereof, to earn a livelihood by working 
on such lands. 



Conservation Law. 81 

2. Letting to be at public auction. Before a lease 
is made notice thereof must be posted for at least 
three weeks in a conspicuous place in the office of 
the supervisor, in the office of the town clerk and 
in the post-office neavrst to the land applied for. 
The letting shall be at public auction, to the highest 
bidder, and the commission shall classify the lands 
applied for in accordance with their value and fix 
a minimum price at which the lease may be awarded, 
but such price shall in no case be less than twenty- 
five cents an acre annually and in no case shall 
term of the lease exceed fifteen years. 

3. Re-leasing. On the expiration of any lease or 
within ninety days prior thereto and upon it being 
shown to the satisfaction of the commission that 
the lands described therein have in good faith been 
used for shellfish cultivation continuously during the 
preceding term for which such lease was granted, 
the lessee, owner or holder of said lease shall have 
the privilege of re-leasing such lands for a period 
not exceeding fifteen years, upon such terms as may 
be agreed upon between said lessee and the super- 
visor, subject .to the approval of the commission, 
but the rental shall in no case be less than twenty- 
five cents per acre annually. Upon the failure to 
agree on terms for the re-leasing of such lands, the 
holder of such original lease shall be allowed an 
extension of one year for the purpose of removing 
from the grounds so leased all shellfish belonging to 



82 Con6crva(iun Law. 

him upon such giouiid, and such extension shall bo 
made at the terms named in such original lease. 

4. Reports. Every person holding a lease or fran- 
chise sliall report annually to the supervisor, on 
blanks provided for tliat purpose, such information 
as the commission may deem necessary. 

5. Marking grounds. A lessee shall immediately 
mark the grounds leased, by stakes, buoys or monu- 
mtjiita, whicli siiali be maintained by lum, his suc- 
cessors or assigns during the continuance of the 
lease. 

6. Leases not transferable. Leases shall not be 
transferable in whole or in part, except to persona 
who might have been original lessees. 

7. Summary proceedings. The commission may 
immediately oust from such lands, tenants whose 
rent is in arrears or who fail or refuse to report 
as herein provided, and thereupon the lease held by 
such delinquent shall become null and void. The 
provisions of chapter seventeen, title two of the code 
of civil procedure shall apply and govern the pro- 
cedure in such cases. 

8. Limitations. This section shall not be con- 
strued as limiting the power of the commissioners 
of the land office to grant land under water, but 
any grant of land actually occupied and in us^ for 
cultivation of shellfish shall be subject to the right 



Conservation Law. 83 

of the occupant to occupy and use such land for at 
least two years, and no grant of land by such com- 
missioners of the land office shall thereafter be used 
for the cultivation of shellfish, nor shall the public 
be excluded therefrom for the purpose of taking 
shellfish. Nor shall it apply to any of the excepted 
lands named in section three hundred and seven of 
this chapter. 

§ 305. Collection of rents. The supervisors may, 
under the direction of the commission, in the name 
of the people of the state, sue for, collect, compro- 
mise, compound or satisfy rents which now are or 
may hereafter be in arrears on leases by the state, 
of land under water, for the cultivation of shellfish 
and make such rebates thereon as in his judgment 
are just and equitable, provided the sum accepted on 
such compromise or settlement shall in no case be 
less than twenty-five oents an acre annually. In 
cases where a grantee, or assignee of a grantee of 
lands for shellfish cultivation is desirous of sur- 
rendering such lands, the supervisor in his discre- 
tion shall, in case such person is not indebted to the 
commission for rentals or otherwise, receive an as- 
signment of such lands to the state of Xew York 
and cause such assignment to be recorded in his 
office. 

§ 306. Settlement of disputes as to shellfish leases. 
The supervisor shall have jurisdiction to hear all 
controversies which have arisen or may arise with 



^4 Conservation Law. 

ref^ard to the leasing of lands under water for the 
^cultivation of shellfish, and to determine the same 
upon just and equitable terms to be approved by the 
<:ommission. 

§ 307. Provisions for taxation; statement of prop- 
4erty; penalty; assessment of tax. 

1. Statement of property. All owners, lessees or 
persons in possession of shellfish grounds within the 
state of New York, shall, on or before the thirtieth 
<iay of September, annually, deliver to the supervisor 
at his ofiice a statement under oath, specifying the 
number of acres of shellfish grounds owned, leased 
or used by them on the first day of August preced- 
ing, and the location, description and value thereof 
and whether held under grant; lease or otherwise, 
and printed blanks shall be prepared by the com- 
mission and furnished upon application at the office 
of the bureau of marine fisheries. But in case an 
owner, lessee or persons in possession as aforesaid 
shall have made a previous statement and shall make 
and file an affidavit of such fact on or before Sep- 
tember thirtieth in each year, showing that no 
change has been made in his or their holding as 
rendered in the previous statement, then such pre- 
vious statement shall be taken as the statement for 
the year in which the affidavit is filed. 

2. Penalty. In case of the failure of any such 
person to deliver such statement to said supervisor 



Conservation Law. 8ij» 

at his office within the time above specified, or, if 
any statement so delivered to him sliall erroneously- 
state the number of acres subject to the tax herein- 
after imposed, said supervisor shall make up a. 
statement from the best information he may obtain,,, 
and shall add for such default to the tax herein- 
after provided a penalty of twenty per centum of 
the amount of such tax. 

3. Assessment of tax. The said supervisor shalT 
annually make up and keep a book in his office to- 
be known as the assessment book, in which he shall 
set down alphabetically the names and addresses of 
the owners, lessees or persons in possession of all 
shellfish ground within the state, the number of 
acres held or possessed by them and the location; 
thereof as shown by the statements aforesaid, the- 
amount of the tax payable thereon as hereinafter 
provided, and any penalty thereon; such assessment 
book shall also contain columns for the date of pay- 
ment of such tax and the amount of tax and penalty- 
paid. 

§ 308. Levy of tax; notice and grievance; pay- 
ment of tax; tax in lieu of other taxes; limitations^ 

1. Levy of tax. For the benefit of the state and 
for the protection and fostering of the shell fisheries- 
thereof, and the maintenance of an efficient officer 
or bureau, an annual tax at the rate of twenty- 
five cents per acre shall be levied and assessed; 



SG Conservation Lu,w. 

upon each and every acre of shellfish ground located 
-within this &tate owned, leased or possessed by any 
person whatsoever. The commission shall annually, 
and before the first day of February, levy and 
assess the said tax upon the property described 
in the statement made as aforesaid, setting forth 
the amount thereof, and any penalty added thereto, 
in the assessment book, as provided in the last 
section. 

2. Notice and grievance. The commission shall 
thereupon serve notice on all persons whose lands 
are so assessed, and on which a tax is levied here- 
under, which notice shall be in writing and may 
t)e served personally or by mailing the same to 
ihe last known post-oflBce address of such person, 
stating that such tax roll has been completed and 
is on file in the office of the supervisor, the number 
of acres so assessed and the amount of the tax 
thereon, the penalties incurred, if any, and that on 
a day therein stated, which shall be not less than 
iive days from the date of such notice, the super- 
visor or the deputy in charge of the division of 
ifish and game will hear the complaint of all persons 
declaring themselves aggrieved thereby, and on such 
hearing sections thirty-six and thirty-seven of the 
tax law shall apply so far as the same are ap- 
plicable and such assessment may be reviewed by 
-certiorari in the manner provided in the tax law 
for the review of erroneous or illegal assessments. 



Conservation Law, 87 

3. Payment of tax. Such tax shall be paid to the 
said commission at the office of the supervisor 
within sixty days after the first day of February 
in each year, and he shall give a proper receipt 
therefor, and immediately enter such payment upon 
the assessment book with the date of payment. 
Such tax and any penalty thereon shall be a first lien 
upon all the property subject thereto, including the 
shellfish thereon from the first day of February in 
the year in which such tax is laid. 

4. Tax in lieu of other taxes. The tax hereby 
imposed shall be in lieu of all other taxes on such 
property, and no other tax except as provided in 
this article shall be levied or imposed on said 
shellfish grounds, or the shellfish thereon, by any 
authority whatever. 

5. Limitations. Sections three hundred and six, 
three hundred and seven, three hundred and eight, 
and three hundred and nine of this chapter do not 
apply to or affect lands under water, held and in 
possession under colonial patents, or legislative 
grants, by any town or person in the counties of 
Kings, Queens, Suffolk, Nassau or Richmond, or to 
lands under the waters of Gardiners and Peconic 
bays, ceded by the state to the county of Suffolk, 
pursuant to chapter three hundred and eighty-five 
of the laws of eighteen hundred and eighty-four, 
as amended by chapter six hundred and forty of the 
laws of nineteen hundred and six. 

[As amended by chapter 508, Laws of 1913.1 



88 Conservation Laic. 

§ 309. Collection of tax. If any tax so laid shall 
not be paid on or before the first day of April, the 
said supervisor shall make and issue his warrant, 
in the name of the commission, for the collection 
thereof, with interest thereon, at one per centum 
per month from the day such tax became due and 
payable, and until paid, which warrant shall be 
delivered to the sheriff of the county within whose 
jurisdiction the lands are situated, directing such 
sheriff to collect such tax, together with the penalty 
and interest, if any, due thereon, together with his 
fees for making such collection, and such sheriff ia 
hereby authorized, empowered and required in de- 
fault of such payment to sell the property described 
in such warrant in the manner provided by law for 
a sale under execution, and to deliver to the pur- 
chaser thereof a proper deed or assignment, as the 
case may be, and such warrant shall immediately 
be returned to said supervisor by said sheriff with 
all his proceedings indorsed thereon, and he shall 
pay over to said supervisor the money received upon 
such sale, and said supervisor shall apply the same 
to the payment of such tax and all interest and ex- 
penses thereon, including the expenses of such sale, 
returning any balance that may remain to such 
owner or owners. All moneys received by said 
supervisor in payment of taxes and interest thereon 
Bhall be accounted for and paid by said supervisor 
to the state treasurer, for the benefit of the state, 
within thirty days after its receipt. 



Conservation Larc. S9 

§ 310. Sanitary inspection of shellfish grounds; 
cancellation of certificate; service of notice; report. 

1. Sanitary inspection of shellfish grounds. It 
shall be the duty of the supervisor within one year 
from the passage of this act, or within such further 
time as it may require to complete the same and 
annually thereafter, to cause to be inspected and 
examined by a competent bacteriologist, appointed 
by the commission, all shellfish grounds and other 
places within the state from which shellfish are 
taken, planted, cultivated or handled, with a view 
to ascertaining the sanitary condition of such shell- 
fish grounds and other places, and the fitness of the 
shellfish in such places, or which may be taken there- 
from, for use as articles of food, except that shell- 
fish grounds used exclusively for the growing or 
cultivating of seed oysters shall not be subject to- 
the sanitary examination and inspection provided 
for in part X, 

[As amended by chapter 796, Laws of 1913.] 

2. Cancellation of certificate. The commission 
may, if it deems it necessary at any time, have the 
whole or any part of such lands and waters inspected 
or such places, and if the shellfish thereon or therein 
are found unfit for consumption, cause a certificate 
of inspection thereof, theretofore issued, to be can- 
celed on ten days' written notice to the holder. 

3. Service of notice. Such notice shall be in 
writing and shall be served on the person to whon> 



so Conservation Law. 

the certificate is issued, and may be served by de- 
livering the same to him personally or by post by 
letter addressed to the person on whom it is to be 
«erved at his last known place of residence, and if 
.•served by post shall be deemed to have been served at 
the time when the letter containing the same would 
be delivered in the ordinary course of the post. 
AVhen the person is a corporation, notice shall be 
served by delivering the same or by sending it by 
post addressed to the office or principal place of 
business of such corporation. 

4. Report. Such bacteriologist shall immediately 
^fter each examination and inspection make a report 
thereof to the supervisor of the sanitary condition 
•of the various shellfish grounds and other places 
.^and their products inspected and examined by him. 

[As amended by chapter 508, Laws of 1913.] 

§ 311. Duties of state commissioner of health. 
Tor the purpose of making such inspection, the com- 
mission may request the state commissioner of 
liealth to designate and assign, and it shall be the 
'duty of the state commissioner of health, upon such 
application, to designate and assign one or more 
*;anitary inspectors who shall, under the direction 
of the supervisor of marine fisheries, visit such 
bhellfish grounds and places, and examine them, 
find the shellfish found thereon or therein, and im- 
mediately report to said supervisor the result of 
-such examination. 



Conservation Law. 91 

§ 312. Record and certificate of inspection; fee; 
termination; revocation; transfer; notice of con- 
dition of public shellfish grounds. 

1. Record and certificate of inspection. The super- 
visor shall determine from either or both of the 
reports mentioned, or such other inspection as he 
may order in the two preceding sections, whether 
such shellfish grounds, waters or places, and the 
product thereof are in a sanitary condition. He shall 
keep or cause to be kept an official record of such 
examination and inspection, and shall immediately 
thereafter issue a certificate setting forth the date 
and the result of such examination and inspection to 
tlic owners, lessees or persons in possession of such 
oyster beds and other shellfish grounds, waters or 
places as shall be found to be in good sanitary con- 
dition and the product of which shall be found fit 
for use as food. The said certificate shall also state 
the name, place of residence and post-office address 
of the owner, lessee or person in possession of the 
grounds from which oysters or other shellfish are 
taken, or upon which the same have been planted or 
cultivated, and shall contain a brief description of 
the said shellfish grounds, waters or places, their 
location by lot number, if possible, and the number 
of acres in each lot or parcel. 

2. Fees. The supervisor at the time of issuing 
such certificate and annually thereafter shall charge 
and receive therefor from each person to whom a 



92 Conservation Law. 

certificate is issued a fee at the rate of twenty-five 
cents for each acre of shellfish grounds so certified 
to be in a sanitary condition except that the " free 
bay " oyster lands in the town of Brookhaven, Suffolk 
county, shall be exempt from the tax of twenty- five 
cents per acre so long as it remains " free bay," and 
a fee of five dollars for the examination and certifi- 
cation of each place used for the water storage and 
floating of shellfish. 

3. Termination. Each certificate unless sooner re- 
voked shall be void after the first day of January 
next succeeding its issuance. Provided that all cer- 
tificates heretofore issued shall be valid until the 
first day of January next unless sooner revoked. 

4. Revocation. The supervisor may revoke any 
certificate as to any lot or parcel which may there- 
after become unsanitary, and a new certificate shall 
in such case be issued for the remaining lots or par- 
cels without fee. 

5. Transfer. In case any shellfish grounds or 
parcels thereof are sold or leases thereof transferred, 
a new certificate shall be issued to the purchaser or 
purchasers thereof upon application to the super- 



6. Notice of conditions of public shellfish grounds. 
The supervisor shall, after examination and inspec- 
tion of public shellfish grounds, give to the public, 



Conservation Laio. 93 

notice of the result of such examination and in- 
spection. Such notice shall be published in a neAvs- 
paper published in the county and posted in three 
public and conspicuous places in the town in which 
said shellfish grounds are located. The actual ex- 
pense of making such examination and inspection 
shall be a charge upon and paid by the towns within 
which such public shellfish grounds are located and 
the fee provided for in subdivision two of this sec- 
tion shall not apply in such case. 

For the purposes of this section the term public 
shellfish grounds shall be taken to mean shellfish 
grounds owned by the state or any municipality but 
which have not been leased or otherwise granted to 
any person or private corporation. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 426, Laws of 1915.] 

§ 313. Prohibited sale of shellfish unless sanitary 
condition be certified; certificate to be furnished. 

1. Sale of shellfish prohibited unless sanitary con- 
dition be certified. After such notice or report of 
sanitary condition as prescribed in sections three 
hundred and ten, three hundred and eleven and 
three hundred and twelve of this chapter, has been 
given, any person who shall ship, sell, cause to be 
sold, or offer or expose for sale, within this state, 
for consumption as food, any oyster or other shell- 
fisli taken from shellfish grounds or places within 
the jurisdiction of or forming part of the state of 
New York, which have not been so certified to be in 



94 Conservation Law. 

good sanitary condition and the product of which 
has not been so certified to be fit for use as food, 
shall be guilty of a misdemeanor. 

2. Certificate to be furnished. The supervisor, at 
the request of any person interested, shall furnish 
a certificate of the result of any such examination 
where the shellfish are reported as not fit for con- 
sumption. Every certificate, duly signed and 
acknowledged, of a bacteriologist or other expert 
employed by the commission or any analysis, ex- 
amination or inspection made by such bacteriologist 
or expert with respect to any matter or product 
which the commission has authority to examine, or 
cause to be examined, shall be presumptive evidence 
of the facts therein stated. 

§ 314. Taking oysters in South bay. Oysters, 
spawn or shells shall not be taken from South bay 
in Suffolk county from the public waters of this 
state from May thirty-first to September first, both 
inclusive; or taken between sunset and sunrise at 
any season. Oyster shells taken from the public 
waters of said bay in said county shall be returned 
to the w^ater where taken within ten minutes after 
being - taken. Blade or scraper tongs, commonly 
known as dredges, used to take shellfish shall not 
be used on public lands in waters of said bay in said 
county. This section is subject to the provisions 
of section three hundred and thirty-four of this 
article. 



Conservation Law. Cj^ 

§ 315. Blue point oysters. No person, firm or cor- 
poration shall sell or offer for sale any oysters, or 
label or brand any package containing oysters for 
bhipment or sale, under the name of blue point 
oysters, other than oysters that have been planted 
and cultivated at least three months in the waters 
of Great South bay in Suffolk county. 

§ 316. Shellfish beds protected. Shellfish shall not 
be taken from sunset until sunrise. No person shall 
take, carry away, interfere with or disturb oysters 
or clams of another lawfully planted or cultivated^ 
or remove any stakes, buoys or boundary marks of 
a planted or cultivated bed. The possession of 
dredges, rakes or tongs overboard on any such beds 
shall be deemed prima facie evidence of a violation 
of this section. 

§ 317. Dredging and raking for shellfish. Dredges 
for taking of shellfish from public or unleased lands 
shall not be operated from any boat propelled other- 
wise than by sail or oars. 

§ 318. Scallops; size limit. Scallops shall not be 

taken or possessed, if less than one year ©Id, except 

from legally planted or cultivated oyster lands. 

Nothing in this section shall be construed to permit 

the sale of scallops of less than one year of age for 

food. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 426, Laws of 1915.] 



96 Conservation Law. 

§ 319. Resident only to take shellfish. No person 
who has not been an actual resident of this state 
for six months immediately prior to tlie time of 
engaging in the taking of shellfish, shall take shell- 
fish from the, public lands in or under the waters 
of this state. Nothing in this section shall apply- 
to a person who may be employed as a deck hand, 
engineer or fireman on a boat whose captain or 
owner may be a lawful resident. 

§ 320. Starfish to be destroyed. Starfish and 
other natural enemies of shellfish shall be destroyed 
when taken, and shall not be returned alive to the 
waters of the state. 

§ 321. Prohibited; taking of lobsters under certain 
size. Lobsters less than four and one-eighth inches 
measured on the carapace shall not be taken, pos- 
sessed or sold. No person shall at any time take 
any female lobsters in spawn or with eggs attached, 
unless upon the w^ritten order of the state fish cul- 
turist or the supervisor. 

§ 322. Size of openings in lobster traps. All lobster 
traps constructed or used after the thirty-first day 
of December, nineteen hundred and fourteen, shall 
have at the bottom of the trap on each side thereof 
an opening not less than one and one-half inches 
wide. Such openings must remain clear and un- 
diminished. 

[As amended by chapter 37, Laws of 1915.] 



Conservation . Law. 97 

§ 323. Residents only to take lobsters, except in 
certain waters. No person who has not been an 
actual resident of this state for six months im- 
mediately prior to the time of engaging in the tak- 
ing of lobsters, shall take lobsters from the public 
waters of the state, except that in the public 
waters of the state lying to the west of a line 
dra\\Ti from Rocky Point to Race Rock and thence 
extended in the same direction until it intersects 
with the state boundary line between New York 
and Connecticut, licenses to take lobsters may 
be issued to non-residents upon payment of the 
following fees: For boats of ten or more tons 
measurement, thirty-five dollars; for boats of five to 
ten tons measurement, twenty-five dollars; for all 
other boats, twenty dollars, except that for boats 
carrying one man only the license fee shall be fifteen 
dollars. Such boats, when so licensed, shall carry 
displayed upon them the license number, of such size 
and placed in such position upon the boat or rigging 
as may be prescribed by the commission. Such 
licenses shall not be transferable and shall be con- 
ditioned that the holder shall observe the fishery 
laws of this state, and shall at any time and with- 
out delay permit protectors and peace officers of 
this state to board such boats and inspect the cargo 
or contents. All such licenses shall expire upon the 
thirty-first day of December following the date of 
4 



98 Conservation Law. 

issue, and any license may be revoked at any time 
at the pleasure of the commission. 

[As amended by chapter 170, Laws of 1916.1 

§ 324. Licenses for vessels; non-residents; unlaw- 
ful use of food fish. 

1. There shall be a license fee of fifty dollars 
per annum for each steam vessel of fifty tons or 
over and twenty-five dollars for every other ves- 
sel engaged in fishing with nets in the tidal 
waters of the state, for the purpose of making oil 
or fertilizer from the fish product taken. The owner 
or owners, lessee or lessees, or persons operating, 
running, managing or fishing with any such vessel, 
using the same in fishing with nets in the tidal 
waters of the state for the purpose of making oil 
or fertilizer from fish products taken, who shall not 
before engaging in such business procure of the 
commission such license as herein provided, shall be 
guilty of a misdemeanor and punishable by a fine 
of not less than three hundred dollars for each 
cflFense. 

2. Non-residents. Non-residents of the state en- 
gaged in fishing with nets in the tidal waters of 
the state for food fish shall be required to pay a 
license fee of five dollars to the state for each vessel 
used in fishing with nets in such waters. A non- 
resident using any vessel for the purpose of taking 
fish with nets from the tidal waters of the state, or 
within three nautical miles of the coast line, without 



Conservation Law. 99 

first having obtained from the commission the neces- 
eary license or licenses as herein provided, is guilty 
of a misdemeanor and shall be liable to a penalty 
of one hundred dollars, and to an additional penalty 
of twenty-five dollars for each vessel so used. 

3. Unlawful use of food fish. It shall be unlawful 
for any person to render food fish into oil or ferti- 
lizer, and any person taking or using food fish for 
such purpose shall be guilty of a misdemeanor and 
punishable by a fine of not less than one hundred 
dollars for each ofi'ense. 

[As amended by chapter 521, Laws of 1916.] 

§ 325. Polluting waters. Sludge, acid or refuse 
from oij AYorks, sugar houses or other manufactories, 
except refuse from the manufacture of oil from 
menhaden or other fish, sewage or any substance 
injurious to oyster culture or fish, shall not be 
placed or allowed to run into waters of the state in 
the marine district, and upon it appearing to the 
satisfaction of the supervisor that oyster beds or 
Buch waters have become polluted from one or more 
of these causes, it shall be his duty to cause com- 
plaint to be made in a criminal action against the 
person or persons so ofTending, and such person or 
persons so offending shall also be liable in damages 
to persons injured, in addition to the penalties here- 
inafter provided. 

§ 326. Garbage not to be thrown in certain waters. 
Garbage, cinders, ashes, oils, acids, sludge or refuse 



100 Conservation Law, 

of any kind shall not be thrown, dumped, or per- 
mitted to run, from any vessel into any bay or 
harbor, or into Long Island sound within two miles 
of the shore west of a line drawn from Old Field 
point due north to the boundary line between New 
York and Connecticut. 

§ 327. Prohibited use of nets in inlets. Nets shall 
not be set, placed or maintained in Rockaway inlet, 
Jones' inlet, Zack's inlet or Fire Island inlet within 
an inshore radius of one-half mile of the mouth of 
any such inlets. The point from which such 
measurement is to be taken shall be the centre of 
the channel where such channel crosses the bar at 
the mouth of said inlet. 

§ 328. Prohibited; nets in the Harlem river and 
adjacent waters. Nets other than nets used for 
catching lobsters or crabs shall not be used in the 
Harlem river, East river or Long Island sound from 
Hell Gate to the northern boundary line of the city 
of New York or in any of the bays, creeks or con- 
fluent brooks within said limit. 

§ 329. Richmond county and Raritan bay. Fish, 
except ^ shad, in Raritan bay or waters adjacent 
thereto in Richmond county shall not be taken 
except by angling. Shad shall not be taken except 
by pounds or drifting shad nets from March fifteenth 
to June fifteenth, both inclusive. 

[As amended by chapter 54, Laws of 1913.] 



Conservation Law. 101 

§ 330. Jamaica bay and adjacent waters. Nets 
ehall not be set, placed or maintained in the arm 
of the sea between Rockaway point and Coney Island 
or any waters northerly of a line drawn from the 
extreme westerly point of Rockaway point on the 
south side to the municipal bath houses on Coney 
Island, including Jamaica, Flatlands, Grassey and 
Sheepshead bays and all other bays and inlets in 
or making out from said arm of the sea. The inlets 
from the ocean to said bays shall not be obstructed 
by any device so as to prevent the passage of fish 
at any time, provided that nets may be used from 
October tenth to December thirty-first in that part 
of said waters lying southerly of Barren island and 
toward the sea from a line drawn from the most 
southerly point of Barren island to the northeasterly 
point of Rockaway point and a line drawn from the 
most westerly point on Barren island to the most 
easterly point of Coney Island. Refuse and debris 
may be taken with nets having meshes with not 
less than a six-inch bar. Minnows or shrimp for 
bait may be taken by hand nets not more than 
forty feet long and four feet deep. Eels may be 
taken with a spear or eel weir. 

§ 331. Size of mesh in Coney Island creek. The 
mesh of nets used in Coney Island creek, or within 
one-half mile of the mouth thereof in Giavesend 
bay, shall not b.e less than four inches square. Eel 



102 Conservation Law, 

and flounder hoop nets may be used from October 
fifteenth to March thirty-first, both inclusive, pro- 
vided there be in said creek at low tide a passage 
unobstructed by nets not less than ten feet wide 
for the passage of boats and fish, and provided that 
all stakes used in connection with sa-id nets shall 
show plainly above the water at high tide. 

§ 332. Rockaway bay, Jones' inlet and adjatent 
waters. Nets shall not be used in Jones' inlet inside 
of the first spar buoy or inside of a line drawn three- 
quarters of a mile easterly and westerly from said 
buoy or in any of the following creeks, runs or water 
running into or tributary to Jones' inlet, namely: 
Long creek, below the sharp point of the marsh; 
Sea Dog creek, below a line drawn northerly and 
southerly from the easterly end of Elder island; 
Shell creek, below the point of the gunning lead; 
Swift creek, below the upper point of Swift creek on 
the easterly side thereof; Haunt's creek, below a line 
drawn from the upper side of Haunt's creek point 
and Old Ben's point. 

[As amended by chapter 508, Laws of 1913.] 

§ 333. Recording and fees. All franchises, grants 
and leases of lands for shellfish culture, and assign- 
ments thereof, shall be recorded in the office of the 
supervisor, and all records thereof, theretofore or 
hereafter made, in such office or in any public office, 
and copies of such records when duly certified by the 



Conservation Law. 103 

officer having the custody thereof, shall be admitted 
in evidence in any action or proceeding, civil or 
criminal, in which they are material. Fees shall be 
paid to the state and collected by the supervisor^ as 
follows, to wit, for the filing of each application for 
a grant or lease of land under water, twenty-five 
cents; for recording each instrument of lease, grant 
or assignment, one dollar ; for each copy of any 
record of said office furnished, ten cents a folio; for 
each relocation survey, seven dollars per day for 
the time occupied, together with the actual travel- 
ing expenses of the surveyor. Any person requiring 
an original or relocation survey shall furnish a 
vessel at the place where such survey is to be made, 
and the necessary assistance to do the work, at his 
own expense. 

§ 334. Supervisors of Nassau and Suffolk counties. 

The board of supervisors of the counties of Nassau 
and Suffolk may respectively pass laws not incon- 
sistent with the provisions of this article regulating 
and controlling the taking of fish, and shellfish in 
arms of the sea and fish bait from public lands of 
such counties, and prescribe what violations thereof 
shall be punishable as misdemeanors and impose pen- 
alties, the same to be enforced under the provisions 
of article three of this chapter. 

§§ 335-355. [Repealed by chapter 521, Laws of 
1916.] 



104 Conservation Law. 

PART XI. 

Private Parks. 
Section 360. Laying out private parks. 
* 361. Notices in private parks. 

362. Protection of private lands not parki, 

364. Signs not to be defaced. 

365. Fish and game protected. 

366. State game refuges. 

367. Penalties. 

§ 360. Laying out private parks. A private park 
for the propagation and protection of fish, birds or 
quadrupeds may be established by the owner or per- 
son having the^ exclusive right to hunt or fish on 
private land or land and water, by publishing once 
a week for not less than four weeks in a newspaper 
printed in the county where such land or land and 
water are situated, a notice substantially describing 
the same and stating that it will be used as a private 
park to propagate and protect fish, birds or quadru- 
peds. Part of a private lake or pond may be laid out 
in a private park, if all riparian owners, including 
owners of the bed thereof, consent thereto in writing. 
If the state of New York be such owner such consent 
may be given by the commission. But waters stocked 
with fish by the state at any time after April seven- 
teenth, eighteen hundred and ninety-six, shall not be 
laid out in any such park. If waters or lands are 
hereafter stocked by the state with fish or game 



Conservation Law. 105 

with the consent of the owner, the provisions of 
part XI shall no longer apply thereto. 

[As amended by chapter 508, Laws of 1913.] 

§ 361. Notices in private parks. Notices or sign- 
boards not less than one foot square warning all 
persons against hunting or fishing or trespassing 
thereon for that purpose, shall be conspicuously 
posted and maintained on a private park not more 
than forty rods apart close to and along the entire 
boundary thereof, and there shall be so placed at 
least one notice or signboard on each side and one 
at each corner of such park and where an outer 
boundary runs along or under any waters, the 
Dearest shore or banks within the park shall be 
deemed the boundary for the purpose of posting 
eucli notices or signboards. It shall also be con- 
sidered due service of notice for trespass upon any 
person or persons, by serving them personally in 
the name of the owner or owners of such private 
park with a written notice containing a brief de- 
scription of the premises, warning all persons 
against hunting or fishing or trespassing thereon. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 746, Laws of 1913.] 

§ 362. Protection of private lands hot parks. An 
owner or person having the exclusive right to hunt 
or fish upon inclosed or cultivated lands, or to 
take fish in a private pond or stream and desiring 
to protect the same, shall maintain notices or 



106 Vi)nscrratio)i Law. 

Higiihoarda, of tlio size and posted and maintained 
in the manner described in the preceding section. 
I As amended by ohaptor r)()S, Laws of 1913.] 

§ 363. [Repealed by cliapter 508, Laws of 1913.] 

§ 364. Signs not to be defaced. No person shall 
injure, deface, or remove, a notice or signboard, 
placed or maintained pursuant to the provisions of 
this article. 

[As amended by cbnpter 508, liUvvs of 191 3.1 

§ 365. Fish and game protected. No person shall 
take or disturb lisli, birds or (puidriipeds on any pri- 
vate park or private lands or trespass thereon for 
that purpose, after notices are posted as prescribed 
herein; or, if the notices have been once posted or 
the land (jstablished as a private uark, after personal 
service upon him in the name of the owner or owners 
of a written or printed notice containing a descrip- 
tion of the premises and warning all persons against 
limiting or lishing or trespassing thereon. 

[As amended by ebnpter 508, Laws of 1013, and 
t-luiptcr 92, Laws of 1914. J 

§ 386. State game refuges. Any land owned by 
tl e state, enclosed as defined by subdivision twenty- 
three of section three hundred and eighty of this 
chapter, except lands in the Adirondack and Catskill 
parks, may be set aside by the conservation commis- 
sion as a game refuge upon piibiisliing the notice 
mentioned in section three hundred and sixty of this 
chapter and upon posting and maintaining the notices 



Conservation Law. 107 

or signboards in the manner described in section 
three hundred and sixty -one of this chapter. Tiie 
commission may purchase in the name of and for the 
use of the state in any town of the state outside the 
limits of the Adirondack and Catskill parks, lands 
containing not less than one hundred acres, or rnay 
purcliase the shooting and lishing riglits in jconnec- 
tion with sufh hinds, and may establisli tliereon a 
game rcfiigt; upon publishing and postiMg tlu; notices 
as above jirovided. No person shall take or disturb 
lisli, birds or quadrupeds on such state ganu; refuges 
or trespass thereon for that purpose, after the notices 
are published and posted as above prescribed. Such 
lands shall remain a game refuge and private park 
for the propagation and i)rot(!ction of lish, birds or 
quadrupeds as long as such laiuis renuiin the pro{)- 
erty of the state, or until the commission shall by 
an order to b(! published in the manner j.r(;scrib('d by 
8(Htion three hundred and sixty, permit the taking 
of lish, birds or quadrupeds upon such premises. 
fAs addcHl by chapter 92, Laws of 1914.] 

§ 366-a. The conservation commission is also au- 
tliorized to set aside the following tract of land as 
a game refuge surrounding the game farm at 
Sherburne, Chenango county. New York, bounded 
and described as follows: Commencing at a point 
in the village of Sherburne at the intersection of 
Main and State strecits, and running th(!nce northf^dy 
in the highway leading from Sherburne village to 



108 Conservation Law. 

Earlville village and crossing the Lackawanna rail- 
road track at Baldwin station; thence westerly from 
said Baldwin station about eighty-eight rods to a 
bridge across the east branch of the Chenango river 
where the said Sherburne-Earlville highway is inter- 
sected by the Earlville and Sherburne west-hill high- 
way; and thence southerly on the Sherburne west- 
hill highway two miles to Sherburne west-hill, and 
crossing at Sherburne west-hill the highway leading 
from Sherburne village to Smyrna village; and 
running thence south from -Sherburne west-hill along 
the Merril's ridge road to Sherburne four corners; 
being two miles and three hundred and sixteen rods; 
and running thence northeasterly from Sherburne 
four corners past the school house on the road lead- 
ing from Sherburne four corners to Sherburne vil- 
lage; and thence easterly across the Chenango river 
and along the Pratt road, being about three miles 
and one hundred and sixty rods, to the place of 
beginning, 

[Added by chapter 523, Laws of 1916.] 

§ 367. [Repealed by chapter 521, Laws of 1916.] 

PART XII. 
Breeding, Importation and Sale of Fish and Game 
Section 370. Lake trout and other fish; transpor- 
tation of; sale during close season, 
371. Sale of trout raised in private hatch- 
eries. 



Conservation Law. 109 

Section 372. Breeding of elk, deer, pheasants, and 
ducks, et cetera. 

373. Certain mammals and birds may be 

imported from without the United 
States and sold. 

374. Fees. 

375. Storage of fish. 

376. Penalties. 

§ 370. Lake trout and other fish; transportation 
of; sale during close season. Fish that may be 
lawfully sold under the provisions of this article, 
if lawfully taken in another state or country, may 
be transported into this state and possessed during 
the open season prescribed by this article. Pro- 
vided, however, that no person shall transport into 
this state, or possess, any fish caught in that 
portion of Lake Champlain or its tributaries known 
as !\lissisquoi bay, lying and being in the province 
of Quebec, or the Richelieu river, which is the 
outlet of said lake, at any time. During the close 
season therefor any person may buy, possess and sell 
lake trout, whitefish, pickerel, pike, pike perch, short- 
nosed sturgeon and striped bass taken without the 
state, provided, however, such person shall keep a 
book of record in which he shall enter the name, 
residence and post-office address of every person 
from whom he shall buy, sell to or ship such fish and 
at all times shall permit the commission, or any 
member or officer thereof to make a full exam- 



1 10 Conservation Law. 

illation of his books and papers relating to the 
purchase and sale of fish, and when required by 
the commission, furnish the original invoice or in- 
voices, freight or express receipts used in the 
transportation thereof. 

[As amended by chapter 508, Laws of 1913.] 

§ 371. Sale of trout raised in private hatcheries. 
Any person desiring to engage in the business of 
propagating and selling trout raised in a pri- 
vate hatchery may make application in writ- 
ing to the commission for a permit so to do. The 
commission, when it appears that such application 
is made in good faith, shall issue to such applicant 
a hatchery permit to propagate, raise and sell trout 
during the entire calendar year, provided, however, 
that before any trout shall be transported, sold or 
offered for sale, the same shall be duly tagged under 
regulations prescribed by the commission. Upon 
obtaining a like permit, trout raised in a private 
hatchery without the state, may be possessed and 
sold within this state, provided the same shall be 
tagged as prescribed under rules and regulations of 
the commission. 

[As amended by chapter 298, Laws of 1915, and chap- 
ter 521, Laws of 1916.] 

§ 372. Breeding of elk, deer, pheasants and ducks; 
license; manner of killing; tagging; transportation; 
sale; reports; fencing; revocation of license. 

1. License. Any person desiring to engage in the 
business of raising and selling domesticated Ameri- 



Conservation Law. Ill 

can elk, white-tailed deer, European red deer and 
fallow deer, roebuck, pheasants, mallard ducks and 
black ducks, or any of them, in a wholly enclosed 
preserve, or entire island, of which he is the owner 
or lessee, may make application in writing to the 
commission for a license so to do. The commission,. 
when it shall appear that such application is made in 
good faith, shall, upon the payment of a fee of five 
dollars, issue to such applicant a breeder's license 
permitting such applicant to breed and raise domes- 
ticated American elk, whitetailed deer, European 
red deer and fallow deer, roebuck, pheasants, mallard 
ducks and black ducks, or any of them,**^ on such 
preserve or entire island, and to sell the same alive 
at any time for breeding or stocking purposes and 
to kill and transport the same and sell the car- 
casses thereof for food as hereinafter provided. Such 
license shall expire on the last day of December in 
each year at midnight. 

2. Manner of killing. Any person to whom suclr 
a license shall have been issued may kill such elk, 
deer, pheasants or ducks in the manner and at the 
time herein set forth, as follows: Elk, deer, pheas- 
ants, mallard ducks or black ducks may be killed in 
any manner at any time, but mallard ducks or black 
ducks, killed by shooting, shall not be bought, sold or 
trafficked in, except under such rules and regula- 
tions as the commission may prescribe. Any person. 



112 Conservation Laio. 

may possess or sell such elk, deer, pheasants or ducks 
for food as hereinafter &et forth. 

3. Tagging. No elk, deer, pheasants or ducks, 
killed as aforesaid and intended for sale, shall be 
shipped, transported, sold or offered for sale, unless 
each quarter and each loin of each carcass of such 
elk or deer, and each pheasant or duck shall have 
been tagged under the supervision of the commis- 
sion with an indestructible tag or seal, which shall 
be supplied by the commission. The quarters and 
loins of the carcass of such elk or deer, and the 
carcasses of such pheasants or ducks, when tagged 
as aforesaid, may be possessed, sold or oii'ered 
for sale at auy time. Every game protector or per- 
son designated by whom such elk, deer, pheasant or 
ducks shall have been tagged, shall, within five days 
thereafter, make and file with the commission a 
written repo}t thereof, said tags or seals shall 
remain affixed as aforesaid until the quarters or 
loins of such elk or deer, or the carcasses of such 
pheasants or ducks shall have been wholly con- 
sumed, and the sale of a quarter, loin, or any larger 
portion of any such elk or deer, or the carcass of 
any such pheasant or duck, which shall not at the 
time have affixed thereto the tag or seal aforesaid, 
shall constitute a violation of this section, provided, 
however, that the keeper of a hotel, a restaurant, 
a boarding house or a retail dealer in meat or a 
club, may sell portions of a quarter or loin of 



Conservation Law. 113 

any such elk or deer, or of the carcass of any such 
pheasants or ducks so tagged or sealed as aforesaid, 
to a patron or customer for actual consumption, 
and no license shall be required of such person or 
club. 

4. Transportation. Common carriers may receive 
and transport during the open season therefor car- 
casses, or parts thereof, of elk, deer, pheasants or 
ducks tagged as aforesaid, but to every package con- 
taining such carcasses, or parts thereof, shall be 
affixed a tag or label, upon which shall be plainly 
printed or written the name of the person to whom 
such license was issued and by whom such elk, deer, 
pheasants or ducks were killed, the name or names 
of the person or persons to whom such elk, deer, 
pheasants or ducks are to be transported; the 
name of the game protector or other person by 
whom such elk, deer, pheasants or ducks were 
tagged; the number of carcasses or portions thereof 
contained therein, and. that the elk, deer, pheasants 
or ducks were killed and tagged in accordance with 
the provisions of this section. 

5. Sale. No person shall sell or offer for sale any 
venison or birds killed and tagged as aforesaid with- 
out first obtaining a license so to do from the com- 
mission, upon such terms and conditions as the com- 
mission may prescribe, and any such license may be 
revoked at the pleasure of the commission. The 



114 Conservation Law. 

said tags or seals shall remain affixed as aforesaid 
until the quarters or loins of such elk or deer, or 
the carcasses of such pheasants or ducks shall have 
been wholly consumed, and the sale of a quarter, 
loin, or any larger portion of any such elk or deer, or 
the carcass of any such pheasant or duck, which 
shall not at the time have affixed thereto the tag or 
seal aforesaid, shall constitute a violation of this 
section, provided, however, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club, may sell portions of a quarter or 
loin of any such elk or deer, or of the carcass of 
any such pheasants or ducks so tagged or sealed as 
aforesaid^ to a patron or customer for actual con- 
sumption, and no license shall be required of such 
person or club. 

6. Reports. On or before the fifteenth day of 
April of each year every person, to whom a license 
shall have been issued as aforesaid, shall make a 
report to the commission covering the calendar year 
ending the thirty-first day of December in which 
said license was issued, which said report shall state 
the total number of elk, deer, pheasants, mallard 
and black ducks killed, sold or transported, as per- 
mitted by the provisions of this section, during the 
said period. 

Such reports shall set forth the name of the 
person to whom such elk, deer, pheasants or ducks 
were sold or transported; the name of the game 
protector or person designated in whose presence 



Consert:cdion Law. 115 

such elk, deer, pheasants or ducks were tagged, and 
such reports shall be verified by the affidavit of the 
person to whom such license was issued, or if the 
license was issued to a corporation, then by an officer 
thereof, 

7. Deer preserves to be fenced. A preserve used 
for the breeding of elk or deer, pursuant to this sec- 
tion, shall be surrounded -by a fence of wire or other 
material of a pattern to be approved by the com- 
mission of a height not less than seven feet. 

8. Revocation of license. If any person to whom 
any such license shall have been issued shall be con- 
victed of a violation of the conservation law in rela- 
tion to fish and game, the commission may revoke 
the license of such person, and thereafter no similar 
license shall be issued to such person. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914, and chapter 466, Laws of 
1915, and chapter 521, Laws of 1916,] 

§ 373. Certain mammals and birds may be im- 
ported from without the United States and sold. 
The unplucked carcasses of pheasants of all species, 
Scotch grouse, European black-game, European 
black plover, European grey-legged partridge, Euro- 
pean red-legged partridge, Egyptian quail, and the 
carcasses of European red deer, fallow deer, roebuck 
and reindeer may be imported into this state from 
without the United States and sold therein at any 
time, provided, nevertheless, that immediately upon 



116 Conservation Law, 

their importation and before they shall have been 
sold by the importer, there shall be affixed to each 
bird and to each quarter and each loin of each 
deer a tag or seal in the manner provided by 
section three hundred and seventy-two. The said 
tags or seals shall remain, as aforesaid, until the 
quarters and loin of such deer, and each bird to 
which it shall be affixed shall have been consumed, 
and the sale of any quarter, loin or larger portion of 
such deer, or of any portion of such bird which shall 
not at the time have affixed to it the tag or seal 
aforesaid shall constitute a violation of this section. 
Provided, nevertheless, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club may sell portions of a quarter or loin 
of any such deer so tagged, or portions of any birds 
so tagged to a guest, customer or member for con- 
sumption. No dealer other than the keeper of a 
hotel, a restaurant, a boarding house or a retail 
dealer in meat or a club shall sell or offer for sale 
any such game imported and tagged as aforesaid 
without first obtaining a license so to do from the 
commission upon such terms and conditions as the 
commission may prescribe. Such license shall ex- 
pire on the last day of December in each year at mid- 
night unless sooner revoked by the commission. 

[As amended bv chapter 508, Laws of 1913, and chapter 
4G2. Laws of 1916.] 

§ 374. Fees. The commission shall be entitled to 
receive and collect for each tag or seal affixed to 



Conservation Law. 117 

the carcass of any animal or bird, as provided by 
eections three hundred and seventy-two and three 
hundred and seventy- three, the sum of five cents; 
and the sum of one cent for each tag or seal affixed 
to each trout as provided by section three hundred 
and seventy-one hereof. 

[As amended by chapter 521, Laws of 1916,] 
§ 375. Storage of fish. Any dealer in fish or frogs, 
duly licensed as herein provided, may hold during the 
close season, in a store house to be designated by 
the commission, such part of his stock of fish or froga 
as he has on hand undisposed of at the beginning of 
the close season. Such dealer shall give a bond to 
the people of the state conditioned that he will not, 
during the close season ensuing, sell, use, give 
away, or otherwise dispose of any fish or frogs which 
he is permitted to possess during the close season; 
that he will not in any way, during the time when 
such bond is in force, violate any provision of tliis ar- 
ticle; the bond may also contain such other pro- 
visions as to the inspection of the fish or frogs pos- 
sessed, as the commission shall require, and shall be 
subject to the approval of the commission as ta 
amount and form thereof, and the sufficiency of the 
sureties. But no presumption that any fish or frog- 
is lawfully possessed under the provisions of this 
section shall arise until it affirmatively appears that 
the provisions thereof' have been complied with. 
[As amended by chapter 92, Laws of 1914,] 

§ 376. [Repealed by chapter 521, Laws of 1016.) 



118 Conservation Law. 

§ 377. Certain mammals and birds may be im- 
ported from without the state and sold. Any per- 
son engaged in the business of raising and selling 
domesticated American elk, whitetail deer, European 
red deer and fallow deer, roebuck, pheasants, mallard 
ducks and black ducks, or any of them, in a wholly 
enclosed preserve or entire island, of which he is 
the owner or lessee, under a breeder's law providing 
for the tagging of all preserve bred game and other- 
wise similar in (principle to the law of the state 
of New York in such case made and provided, may 
make application in writing to the commission for 
a permit to import such mammals or birds into the 
state of New York and sell the same. In the event 
that the commission shall be satisfied that the said 
mammals and birds are bred in captivity and are 
killed and tagged under a breeding law similar in 
principle to that of the state of New York, upon 
the payment of a fee of five dollars, together with 
sucli additional sum as the commissioner may deter- 
mine to cover the necessary cost of inspection, the 
commission may in its discretion issue a revocable 
permit in writing to such applicant to import such 
mammals and birds raised as aforesaid into the 
state of New York and to sell the same, in which 
case the provisions of sections three hundred and 
seventy-two, three hundred and seventy-three and 
three hundred and seventy-four of the conservation 
law, in so far as the same are applicable, shall 
apply. 

[Added by chapter 406, Laws of 1916.] 



Conservation Law. il9 

PART XIII 
Definitions and Construction 
Section 380. Definitions. 

3-81. Application of article. 

382. Construction. 

383. Kepeal. 

384. Time of taking effect. 

§ 380. Definitions. The following words and 
phrases used in this article are defined as follows: 

1. " Commission " is synonymous with conserva- 
tion commission. 

2. Gender and number shall be disregarded in 
construing this article wiienever it is necessary to 
carry out the spirit thereof. 

3. " Person " includes a copartnership, joint-stock 
company or corporation. 

4. " Open season " is the time during which fish, 
fowl, birds and quadrupeds may be taken. If in 
accordance with the provisions of this article the 
open season commences or ends on Sunday, it shall 
be deemed to commence or end as the case may be 
on the Saturday immediately preceding such Sunday. 

5. " Close season " is the time during which fish, 
fowl, birds and quadrupeds cannot be taken. 

6. " Fish." Fish includes " fish protected by law," 
** fish protected by this article," and " food-fish." 
Whenever the words " fish protected by law " or 
" fish protected by this article " are used, reference 



120 Conservation Law. 

is had only to fish for which a closed season or 
size limit is provided. Whenever the words " food- 
fish " are used, reference is had to all species of 
edible fish. 

7. " Game " includes wild game, game protected by 
law, domestic game and imported game. 

[As amended by chapter 508, Laws of 1913.] 

8 " Wild game " and " game protected by law *' 
include all game birds as defined and mentioned in 
eection two hundred and ten, and all quadrupeds for 
which a close season is provided. 

[As amended by chapter 508, Laws of 1913.] 

9. " Domestic game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
two. 

10. " Imported game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
three. 

11. "Wild deer" includes all deer not lawfully 
held in private ownership in a preserve wholly en- 
closed by a fence, as provided by section three hun- 
dred seventy- two hereof. 

12. " Grouse " includes ruffed grouse, partridge 
and every member of the grouse family. 

13. " Trout " includes speckled trout, brown trout, 
rainbow trout, red-throat trout and brook trout. 

14. " Lake trout " for the purposes of this article 
includes landlocked salmon and ouananische. 

15. " Black bass " includes Oswego bass. 



Conservation Law, 121- 

16. " Pickerel " and " pike " include the great 
northern pike, commonly called pickerel, pond pick- 
erel, chain pickerel, grass pickerel and banded 
pickerel. 

17. " Pikeperch " includes walleyed pike, commonly 
called pike, and yellow pike. 

[Re-enacted without change, chapter 508, Laws of 
1913.] 

18. " Shell fish " includes oysters, scallops and all 
kinds of clams. 

19. " Pheasants " includes Hungarian dark-necked 
pheasant, ring-necked, commonly called English,. 
Mongolian or Chinese pheasant. 

20. "Angling " means taking fish by hook and line 
in hand or rod in hand; or if from a boat not ex- 
ceeding two lines with or without rod to one person.^ 

21. " Hooking " is defined to mean taking or at- 
tempting to take fish not attracted by bait or arti- 
ficial lure, by snatching with hooks, whether baited 
or unbaited, gangs or similar devices. 

22. " Plumage " includes any part of the feathers, 
head, wings or tail of any bird, and wherever the 
word occurs in this article reference is had ta 
plumage of birds coming from without the state 
as well as to that obtained within the state, but 
it shall not be construed to apply to the feathers of 
birds of paradise, ostriches, domestic fowl or domes- 
tic pigeons. 



122 Conservation Law. 

23. Where lands are referred to as " enclosed " or 
** wholly enclosed " the boundary may be indicated 
by wire, ditch, hedge, fence, road, highway, water 
or by any visible or distinctive manner which indi- 
cates a separation from the surrounding contiguous 
territory, except as otherwise provided. 

24. " Inhabited " means a permanent occupancy 
by a species as contrasted with a temporary presence 
of an occasional individual. 

25. " Nets " includes seines, gill nets, pound nets, 
trap nets, scap nets, fyke nets, dip nets, scoop nets 
and stake nets. 

26. " Taking " includes pursuing, shooting, hunt- 
ing, killing, capturing, trapping, snaring and netting 
fish and game, and all lesser acts such as disturb- 
ing, harrying or worrying, or placing, setting, draw- 
ing or using any net or other device commonly used 
to take fish and game, whether they result in taking 
or not; and includes every attempt to take and 
every act of assistance to any other person in taking 
or attempting to take fish or game. A person who 
counsels, aids or assists in a violation of any of the 
provisions of this article, or knowingly shares in 
any of the proceeds of said violation by receiving 
or possessing either fish, birds or game shall be 
deemed to have incurred the penalties provided in 
this article against the person guilty of such viola- 
tion. Whenever taking is allowed by law, reference 
is had to taking by lawful means and in lawful 
manner. 



Conservation Law. 123 

27. " Hunting " includes pursuing, shooting, kill- 
ing, capturing and trapping game or quadrupeds, 
and all lesser acts such as disturbing, harrying or 
worrying, or placing, setting, drawing or using any 
device commonly used to take game or quadrupeds 
whether they result in taking or not; and includes 
every attempt to take and every act of assistance to 
any other person in taking or attempting to take 
game or quadrupeds. 

[Subd. 27 added by chapter 92, Laws of 1914]. 

28. " Immediate family " as used in subdivision 
eight of section one hundred and eighty-five of this 
chapter includes all persons who are related by blood, 
marriage or adoption and domiciled in the . house 
of the owTier or lessee. 

29. For the purposes of this chapter a dog shall 
be deemed to be " at large " when it is outside of 
the owner's residence or a fenced enclosure im- 
mediately surrounding or adjacent to such residence. 

[Subds. 28 and 29 added by chapter '521, Laws of 
1916.] 

§ 381. Application of article. In all cases where 
possession, purchase or sale of fish or game or of 
the flesh of any quadruped, bird or fish is unlawful, 
possession, purchase or sale of the same species of 
fish or game or of the flesh of the same species of 
quadruped, bird or fish coming from or taken without 
the state, shall be deemed to be and is, except aa 
otherwise expressly provided herein, unlawful. 

[As amended by chapter 508, Laws of 1913.] 



124 Conservation Law. 

§ 382. Construction. This article is intended to be 
a restatement of existing law with such cliangos as 
clearly appear. The terra of office of the present 
employees of the commission in the division of fish 
and game shall not be affected, except as herein 
specifically provided. Nothing in this article shall 
be construed as amending or repealing any pro- 
visions of the code of criminal procedure nor of the 
penal law. Any of the provisions of this article 
inconsistent with the provisions of the code of crim- 
inal procedure or of the penal law shall be held to 
be elToctive for the purposes of this article only. 

[As amended by chapter 50S, Laws of 1913, and chap- 
ter 521, Laws of 1910.] 

Schedule of Laws Repealed. 
Laws of Chapter Section 



1911... 


. 647... 


193 as amended by chapter 176 
of the laws of 1915. 


1912... 


. 31S... 


. 161, 187, 203, 223, 258, 284, 335, 
367 and 376. 


1913... 


. 508... 


. 152. subd. 5, 186, 203, 223, 253, 
2S4, 355, 367 and 376. 


1914... 


. 92... 


. 355 ajul 367. 


1915... 


. 176... 


. 193. 



Conservation La>w. 



125 



a 

•a 

1 



H .3 

^ II 

g II 

CC; Cm 

^ il 

O -S-2 

r >> C 

O o-^ 



^ o 3 

s ^^ 

"= II 

.9 



CO on f* QTj -/) CO X CO OO h- Cfl t^ h- t- t^ CO « 

CI c- c- c- Ci Ci C-. Oi o c: c- c» 05 cr- ci C". Ci 









n p ^ 'fi rn in 91 rn di rn rn m ii 'fl p m 11 Q ^ ' tn q 

08caaK«!3Kc!a55«5a5«c:«-^^2 -^t! 

>, >. >, >. >, >. >, >-. >,>.>,>, >. >, >. >. >.'^ S '"' ^ ''''^ 

OOOOOOCOOCOOOCOOO-5 .-GOS 

'ff -f if 'f f a -t if -f f if -f -f 'f ^ -f ■fiZ'-'o-^ 'f ^ 






<r-UC^ 



O c3 oj 



Ti'nTi'n'ntD'n'Si'nai'n'ii 






01 (O Xr yj 7i 93 00 03 Oi OO »5 (R X 7J 50 75 CO o Q "C • — ^ 






>3 



126 



Conservation Law. 



00 t^t^ t»00 CO-H o> -< 

03 05 0> Ol Oi O 05 05 Oi 



io o^ 



J3 

^ o 



-5 =3' 



3 QJ 



ya O C_— '^ . ^ o _ 



o 



. « s 









>»a ^ 



5 1° 



a^ S o (u 









fL. '[^ 



3.2^^ o o <'^ 



MS 
Si 



S O C <B 



„ S? « ^ 8 

Si^ 93 O 1=1 






mO pqO 



q o Kg 

ij^|5|8^ 



« MsT 

S, CM 
c3 c« =« . 

'° S, t 8 



5J2 is 



^73 



r^S 



^« 5ss^^ 






■ft 

■ rv >- Qj ^ Gi fl 

ojij - o b3'^<u^3 -^ifci; .S 

pqm ■(!;«« s s s 



IS 



Conservation Law. 



127 



00 00 
05 05 



Oco 



CO 



S CO a> 



5^^ 



o o 



'Sr >-.1r' 5J I- >., 



6^ 






1 ^ 

I (» o 



c o 



03 O 



O <Ji o 



QO 



0) 01 5 

o o CS 



fl o 5 o o d 






't; ^ C a; A 



n 

O.g 






o o 5 



-^1^ o o o 

. 3 O O O 






?1 



cc re 

CO 



v o 



RULES AND REGULATIONS. 



Relating to: 

I. Nets, set and trap lines, eel weirs and eel pots. 

II. Taking minnows for bait. 

Til. Buying and selling trout artificially propagated. 

IV. Propagation and sale of skunks. 

V. Possession of venison. 

[Adopted by the Conservation Commission on the 10th 
day of December, 1912, to take effect January 1, 1913.] 



NETS, SET AND TRAP LINES, EEL WEIRS AND 
EEL POTS. 

-. . 1. No nets of any kind shall be set 

, or used for the taking of fish in 
Lake Erie or Lake Ontario or the in- 
land waters of the State, or in the Hudson River 
south of Verplanck's Point, for the taking of fish 
other than migratory food fish of the sea, without 
a license so to do granted by the Conservation Com- 
mission. 

Food fish, la. Food fish, other than migratory 

manner of food fish, of the sea within the limits 

taking. of the marine district, shall not be 

taken by any person in any manner other than by 

[128] 



Rules and Regulations. 129 

angling or in the manner expressly permitted by a 

license or permit duly issued by the Commission. 

. ,. ,. 2. No license shall be granted ex- 

Apphcation ^ 

,, . cept upon written application made 

upon blanks to be furnished by the 
Commission and signed and sworn to by the ap- 
plicant. 

All applications for licenses must be endorsed by 
two responsible persons. 

The application shall specify the size of the bar 
and the kind and size of the net to be used together 
with the length of the wings and leaders. 

The Commission shall determine and fix the size 
of nets and the length of the wings or leaders to 
be used. 

The Commission may refuse to grant a license to 
any person for any reason which to it may seem 
sufficient. 

Each application shall be accompanied by a satis- 
factory bond signed by the applicant and two suf- 
ficient sureties in an aggregate penal sum equal to 
one hundred dollars for each net specified in the 
license but not exceeding three hundred dollars; 
each application for a boat license shall be accom- 
panied by such a bond in the penal sum of five hun- 
dred dollars. 

Failure to return to the Commission at the ex- 
piration of a liceifte, tags issued by it, or to make 
the report required by rule twelve hereof is sufficient 
cause for denying an application for a license. 
5 



130 Rules and Regulations. 

License 3. All licenses for nets shall be 

subject to granted piirsuant and subject to these 
rules. rules and regulations. 

4. Only such nets, to the nuHiber 
Kind of nets and of the size of the bar, with lead- 
to be used ers and wings, of the length men- 
and duration tioned, shall be used as are specified 
of license, in the license; the license shall specify 
the kind of nets to be used and the 
duration of the license; licenses shall be granted 
for no longer than one year; all licenses granted 
during the year will expire on the thirty -first duy 
of December following, unless an earlier date is 
specified; nets shall be used only during and at the 
times specified in the license. 
Revocation. ^- ^^^ Commission may revoke any 
license granted hereunder at any time 
for any reason which to the Commission may seem 
sufficient. 

6. A license issued pm'suant to 
° " these rules is not transferable and 
if a licensed net be used by any per- 
son other than the licensee or a person in his employ, 
or under his immediate supervision, it shall be 
deemed forfeited, revoked and cancelled. 

Location of ^' -^^^^ shall be set or used only 

nets re- ^^ ^^® waters mentioned in the 

stricted license; the setting and hauling of 

all nets in those waters shall at all 

times be under the direct supervision and control of 



Rules and Regulations. 131 

the Conservation Commission or person designated 
by it, who shall have the power to designate the 
location of all nets; such location once fixed shall 
not be changed without the written autliority of 
Baid Commission or person. 

Xo net licensed under a seine license shall be 
staked, anchored or otherwise fastened while in 
the water unless specifically permitted in the license. 

^ . £ 8. The Commission shall issue with 
Tagging of , ^ , 1-1 

, each licensed net a tag upon which 

nets. ^ ' 

sliall be stamped a number corre- 
sponding with the number or numbers on the license. 
Such tag must be attaclied to the net when in use 
in such manner that it will be on the top of or 
above the water ami in plain sight at all times. 

t^ t.-v.-4.- X 9- 1'he owner of each licensed boat 

ExniDition of 

,. on Lake Erie or Lake Ontario shall 

license. 

at all times have his license in plain 

Bight, aboard said boat. Each licensee must exhibit 
his license when requested by any game protector 
or by any peace officer of this State or by any per- 
son designated by the Commission. 

10. The bar of all nets used under 
Mesh of ,. J. J. X 1 

any license, except to take minnows 
Nets 

for bait, shall be as follows: 

Nets for taking lake trout and whitefish, not 
less than 2% -inch bar; 

Nets for taking Otsego whitefish in Otsego Lake, 
not less than 1%-inch bar; 



132 Rules and Regulations. 

Nets for taking fish, other than lake trout and 
whitefish, not less than 1%-inch bar; 

Nets for taking short-nosed sturgeon, not less 
than 2% -inch bar; 

Nets for taking other sturgeon, not less than 
5-inch bar. 

11. Fish not allowed to be taken 

Disposal of under the license shall be carefully 

fish uninten- handled and immediately returned 

tionally taken to the water; fish which may be 

or undersized taken, if under the size limit and 

fish taken in taken in gill nets, must be disposed 

gill nets. of as provided in section 177 of the 

Conservation Law. 

_ 12. Every person holding a license 

* shall make an annual report to the 

Commission of the number, weight and species of 

fish caught and the value of same, and return the 

tags issued to him with the license. 

13. An applicant shall, at the 

License fees, time of filing his application for a 

license, pay to the Commission a 

license fee as provided in the following schedule: 

NET SCHEDULE 

For each minnow net, per lineal foot $0. 10 

For each scoop, dip or scap net 10x10 feet 

square and under 1 . 00 

For each scoop, dip or scap net over 10x10 

feet square 2 . 00 



Rules and Regulations. 133 

For each fyke net 3 foot hoop and under .... $2 . 00 

For each fyke net 5 foot hoop and over 3 feet 3 . 00 

For each fyke net over 5 foot hoop 5 . 00 

For each 4 foot trap net and under 3.00 

For each 6 foot trap net and over 4 feet 5.00 

For each 8 foot trap net and over 6 feet 7.f^0 

For each trap net larger than 8 feet 10.00 

For each ir.aoliine trap in the Xiagara River. 20.00 
For each seine or gill net used only for taking 

fish not protected by law, per lineal foot". . .13 
For eacli seine or gill net used only for taking 

fish protected by law, 2 cents per lineal foot. 

No license issued for less than $5.00 and tb^ 

maximum fee for such licenses will be.... 15.00 

For each sturgeon line 1 . 00 

For each set -line 500 feet in length, 360 hooks 

to each line 1 . 00 

For each eel pot 3.00 

For each eel \vc;r and trap attached thereto. , 20.00 

For each stake net per 100 lineal feet 3 . 00 



In the waters of Lake Erie and Lake Ontario the 
following fees shall apply; outside of the mile and 
half mile limit as provided in section 276 of the 
Conservation Law: 

For each fyke net $10 . 00 

For each trap net 15.00 

For each row or sail boat used in fishing gill 

nets 10 . 00 



134 Rules aiid Regulations. 

For eacli boat of any other kind under 10 tons 

gross tonnage so used $20 . 00 

For each boat of any other kind from 10 to 

15 tons gross tonnage so used 25.00 

"For each boat of any other kind from 15 to 

20 ton gross tonnage so used 30. 00 

For each boat of any other kind over 20 tons 

gross-tonnage so used $1.50 per ton. 



Size of eel ^^' "^^^ P^^^ must not be more than 

, 6 feet long, nor more than 12 inches 

square, if in square form. The aper- 
ture or mouth of any eel pot shall be not more than 
IV2 inches in its greatest diameter. There shall 
be no fixtures or wings of any kind attached to 
or used in connection with eel pots. 

c- p f ppI ^^' ^^^ ^^^^ purposes of these rules 

an eel weir shall consist of not to 
weirs. 

exceed two wings or leaders fastened 

to an eel trap; no eel trap shall have attaclied 

thereto more than one weir; the length of each weir 

shall be determined by the Commission or person 

designated by it; and the use of weirs of a greater 

length than that specified in the license is prohibited. 

16. Eeel weirs and eel pots shall not be constructed, 

set or used in any manner so as to unduly obstruct 

the natural flow of water or interfere with the free 

passage of boats. The use of eel weirs, the laths 

of %yhich are less than 1 inch apart, is prohibited. 

' Each eel weir or eel pot shall have attached thereto 



Rules and Regulations. 135 

a tag, issued by the Commission, upon which shall 
be stamped a number corresponding with the number 
on the license. All fish, except eels, taken in an 
eel weir or an eel pot, must be immediately returned 
to the water. • 

Bait or tran ^^' ^^^^ ^^^^^ °^ *^^P lines to take 
lines to take st^'^o^on shall not exceed 1,200 feet in 
stureeon. length and the bait lines sh1?lll use 
Number 8-0 hooks set not less than 
two feet apart and be anchored on the bottom; trap 
lines shall use Number 10-0 hooks, set not less than 
six inches apart and be anchored not over three feet 
from the bottom. Each bait or trap line shall have 
attached to one end thereof a buoy which shall be 
above water and in plain sight at all times; each buoy 
shall have attached thereto a tag, issued by the Com- 
mission, upon which shall be stamped a number cor- 
responding with the number on the license. 
[As amended Feb. 24, 1914.] 

Set lines ^^* ^^^ lines other than sturgeon 

lines shall not be more than 500 feet 
in length nor contain more than 300 hooks; one end 
shall be attached to the shore and the other end 
thereof shall be anchored to the bottom; it shall 
not be lawful for one person to own or operate more 
than one such line; nothing but dead bait shall be 
used and no minnows, either dead or alive, shall 
be used for bait; no fish other than the kind men- 
tioned in section 254 of the Conservation I>aw shall 
be taken with such lines. 



136 Rules and Regulations. 

II. 
TAKING MINNOWS FOR BAIT FOR SALE. 

■o ^ 19. Each application for a license 

to take minnows for bait for sale 

shall be accompanied by a satisfactory bond in the 

penal sum of two hundred dollars, signed by the 

applicant and two sufficient sureties. 

20, B'lack bass, maskalonge, white fish, pickerel, 
pike, pike-perch, lake trout, striped bass, yellow 
perch, shad and bullheads, taken in a net used to 
take minnows for bait shall be immediately returned 
to the water uninjured. 

No net more than twenty -five feet long shall be 
used for taking minnows for the owner's personal 
use. 

III. 

BUYING AND SELLING TROUT ARTIFICIALLY 
PROPAGATED. 

- , 21. The Commission will lease to 

, . each applicant to whom a permit is 

, . issued to engage in the business of 

device 

, , . propagating and' selling trout raised 

in a private hatchery, a device to be 
used in tagging the trout. No device other than the one 
so furnished shall be used for this purpose. Each ap- 
plicant shall pay to the Commission as and for rental 
of said machine for the first year the sum of sixty- 
five dollars, in advance, and the sum of one dollar 



Rules and Regulations. 137 

each year thereafter. At the expiration of said per- 
mit the applicant shall return said machine to the 
Conservation Commission, in as good condition as 
when taken, natural wear and tear excepted. 

rr. J 22. The Commission will furnish to 

Tags and •, • • 

, each person to whom a permit is is- 

sued metallic tags inscribed with the 
letters " N. Y. S. C C." Each applicant shall pay 
to the Commission for said tags the sum of one cent 
each. Only tags so furnished shall be used; no tag 
shall be used more than once. 
[As amended June 28, 1916.] 
Sale of 23. Artificially propagated trout 

trout. ^0^ ^^^'^ tliau six inches long may be 

sold for consumption, at any season 
of the year, under said permit, provided one of said 
metallic tags is firmly attached to each trout. The 
sale of wild trout is prohibited at all times. 

Any person holding a permit as aforesaid may sell, 
exchange or give away at any season of the year,, 
for the purpose of propagation or exhibition, any 
live trout propagated by him. 

Live trout for propagation purposes only, may be 
transported when accompanied by a permit issued 
by the Commission and not otherwise. 

Marking ^^' before any trout are shipped or 

packages transported the package in which the 

same are contained must have affixed 

thereto a tag on which shall be plainly marked the 

number of pounds and kind o£ trout contained 

therein, together with the name and address of the 



138 Rules and Regulations. 

consignee and the consignor, the initial point of bill- 
ing and the point of destination. 

Right to have ^^' ^^^ P^^^^^ ^^^ ^^^' ^^^^ °' 
troi t for h^^6 ill possession for sale for use 

consumption. ^' ^^^^ ^* ^"^ "^^"^" °^ *^^ y^^"' * 
trout artificially propagated and 

kept, provided that such trout is not less than six 
inches long and provided also that the same is tagged 
as hereinbefore provided. The tag shall be removed 
only by the consumer, and when removed shall be de- 
stroyed, 

RpTJortq ^^' -^^^^y person receiving a permit 

as aforesaid, to propagate and keep 
trout, shall make a written report to the Commission 
on or before December thirty-first of each year, stat- 
ing the number and variety of trout sold or ex- 
changed, or given away for use as food, or for propa- 
gation or exhibition during the preceding year. 

IV. 

PROPAGATION AND SALE OF FUR-B£ARING 

ANIMALS. 
T. , 27. Each application for a license to 

engage in the business of propagation 
and sale of fur-bearing animals shall be accompanied 
by a satisfactory bond to the People of the State in 
the penal sum of five hundred dollars, conditioned that 
the applicant will not keep such fur-bearing animals 
which are taken wild during the close season for such 
fur-bearing animals and will not dispose of such fur- 



Rules and Regulations. 139 

bearing animals in any way during the close season; 
that he will observe all of the prohibitions, restric- 
tions and conditions imposed by the terms of the li- 
cense to be issued and the provisions of section 200 of 
the Conservation Law. 

28. If said bond is approved, and 
Approval of upon paj^ment to it of a fee of five 

bond, and fee. dollars, the Commission shall issue to 
the applicant a license permitting him 
to keep fur-bearing animals under the provisions of 
said section for one year from a time therein stated, 
but no such license shall be issued to take eifect dur- 
ing the close season. 

P , r In order to authorize the continu- 

,. ance of such licenses thereafter, the 

license. 

licensee shall renew said bond annu- 
ally, and the fee for renewal of license shall be five 
dollars. 

29. No person purchasing fur-bear- 
• ing animals from such licensee shall 

have them in possession during the close season, 
even though purchased during the open season, un- 
less such person shall have a license under section 
200 of the Conservation Law. 

Penalty ^^' ^"^ person violating the pro- 

visions of such bond, any rule or 
regulation of the Commission or any of the provi- 
sions of section 200 of the Conservation Law shall 
forfeit his license and shall be denied the privilege 
of giving another bond. 
[As amended April 27. 1914.1 



140 Rules and Regulations. 

V. 
POSSESSION OF VENISON. 

AppUcation. ^^' Applications for a license to 

possess venison during any calendar 

year, pursuant to the provisions of section 191 of 

the Conservation Law, must be made and the license 

granted on or before November 20. 

The applicant shall at the time of filing his appli- 
cation for a license pay to the Commission a license 
fee of one dollar, and such license shall be granted 
only to a person holding a hunting and trapping 
license. 

A license shall permit the person killing the deer 
to possess the same for consumption and not other- 
wise, from November 21 to February 1, both inclu- 
sive, provided that said deer or venison shall be 
tagged as follows: 

Each quarter of said deer shall be tagged with a 
tag to be furnished by the Commission. 

The Commission will also furnish with the license 
duplicate coupons which shall be filled out, signed 
and sworn to by the licensee; one coupon shall be 
attached to the deer and one coupon shall be filed 
with the Commission on or before November 24th 
of the same year; the tags shall be fastened and 
locked to each quarter and the coupon attached to 
said deer on or before November 24th next succeed- 
ing the date of killing. 

[As amended Nov. 20, 1013, and April 1, 1914 and June 
20, 1916.] 



Rules and Regulations. 141 

VI 

, ... 32. An importation license, pursuant 

,. to the provisions of section 178, 

license. 

subdivision 4, of the Conservation 

Law, may be issued upon application at any time. 

Such license shall expire on the thirty-first day of 

December following the date of issue. A fee of on« 

dollar ($1.00) shall be charged for such license. 

Adopted June 23, 1916. 

VII 

33. Black and mallard ducka 
Regulations raised under a breeders' license pur- 
with respect suant to the provisions of section 
to the sale of 372 of the Conservation Law and 
domesticated killed by shooting during the open 
black and season for wild waterfowl may be 
mallard ducks sold at any time, provided permis- 
killed by sion in writing so to do shall first 
shooting. have been obtained from the Com- 
mission, and further provided: 
(1) That said black and mallard ducks shall 
have been marked or tagged by a representative of 
the Commission before being killed. The marks or 
tags used are to be furnished by the Commission 
at a charge of one cent each. 

(2) That said black and mallard ducks be also 
tagged pursuant to the provisions of said section 
372, subdivision 3, thereof, during the said open sea- 
son for wild waterfowl. 
Adopted June 23, 1916. 



142 Rules and Regulations. 

A^ ;!•« - 34. The Conservation Commission 

Amending or , , , 

„, ,^ X. reserves the riffht to alter, amend, or 

abrogating n r ^i r 

J abrogate any or all of the foregoing 

rules and regulations, and may adopt 
new ones at any time as the Commission may deem 
expedient. Nothing contained in any of these rules 
and regulations shall be construed as compelling the 
issuing of a license to any person nor to prevent the 
revoking of such license at any time. 

p ,,. 35. Any person who shall violate 

any of these rules shall be subject 
to the penalties imposed by provisions of the Con- 
servation Law in relation to fish and game. 

„ , .. No license or permit issued by the 

Construction. , . . , . , 

Commission under Article 5 of the 

Conservation Law shall be deemed to auiliorize 

the licensee, or person to whom such a permit is 

issued, to trespass upon any private lands, or to do 

any injury thereto, or to exclusively occupy any 

land owned by the State, including lands under 

water, or to exclusively use any public waters of 

the State. 



UNITED STATES STATUTES, 



FEDERAL LAWS REGULATING INTERSTATE 
COMMERCE IN GAME. 



THE LACEY ACT. 



Ch. 553. — AN ACT to enlarge the powers of the 
department of agriculture, prohibit the transporta- 
tion by interstate commerQe of game killed in vio- 
lation of local laws, and for other purposes. (31 
Stat., 187.) 

Be it enacted hy the Sen<ite and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the duties and powers of the 
department of agriculture are hereby enlarged so as 
to include the preservation, distribution, introduction, 
and restoration of game birds and other wild birds. 
The secretary of agriculture is hereby authorized to 
adopt such measures as may be necessary to carry 
out the purposes of this act and to purchase such 
game birds and other wild birds as may be' required 
therefor, subject, however, to the laws of the various 
states and territories. The object and purpose of 
this act is to aid in the restoration of such birds 
[143] 



144 United States Statutes. 

in those parts of the United States adapted thereto 
where the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where they 
have not heretofore existed. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to the 
propagation, uses, and preservation of such birds. 

And the secretary of agriculture shall make and 
publish all needful rules and regulations for carry- 
ing out the purposes of this act, and shall expend 
for said purposes such sums as congress may ap- 
propriate therefor. 

§ 2. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 3.,, Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 4. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 5. That all dead bodies or parts thereof, of any 
foreign game animals, or game or song birds, the 
importation of which is prohibited or the dead bodies, 
or parts thereof, of nny wild game animals, or game 
or song birds transported into any state or territory, 
or remaining therein for use, consumption, sale, or 
storage therein, shall upon arrival in such state or 
territory be subject to the operation and effect of 
the laws of such state or territory enacted in the 
exercise of its police powers, to the same extent and 
in the same manner as though such animals and 



United States Statutes. 145 

birds had been produced in such state or territory, 
and shall not be exempt therefrom by reason of being 
introduced therein in original packages or otherwise. 
This act shall not prevent the importation, trans- 
portation, or sale of birds or bird plumage manu- 
factured from the feathers of barnyard fowl. 
Approved, May 25, 1900. 

Ch. 231. — AN ACT to codify, revise and amend the 
penal laws of the United States. (35 Stat., 
1137.) 

Be it enacted hy the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the penal laws of the United 
States be and they hereby are codified, revised and 
amended with title, chapters, head notes and sec- 
tions, entitled, numbered and to read as follows: 

CHAPTER 9. 

§ 241. The importation into the United States, or 
any territory or district thereof, of the mongoose, 
the so called " flying foxes " or fruit bats, the Eng- 
lish sparrow, the starling, and such other birds and 
animals as the secretary of agriculture may from 
time to time declare to be injurious to the interests 
of agriculture or horticulture, is hereby prohibited; 
and all such birds and animals shall, upon arrival 
at any port of the United States, be destroyed or 
returned at the expense of the owner. 



1.1(5 United Slalc.H Slatutca. 

No ju'iHon whall import into the United StuteH or 
into any territory or dintriet thereof, any foreij^ni 
wild animal or bird, except under wpecial permit 
Iroin the secretary of uf^riculture: J'rovided, That 
iiotliinf^ in tliiH Hectioti Hhail rcHtrict the importation 
ol natural liintory HpccirrnMiH for muHeuniH or wcientific 
collcctioiiH, or of certain iHfri> bjrdH, Hxw.h an (iom<'Hti- 
cntcd canaricH, j)airotH, or HU<'ii otlu'i- hirdw hh Mio 
bccrctaiy of uj^ricultiirc may <l('Higiiii(<-. 

Tin- H(!cretary of the tn-aKwry in iiereliy autiiorized 
to iniik(^ rej^MihitionH for ciirryinj^ into circict tiie pro- 
visioiiH of tlTiH Hcction. 

§ 212. It Hhall he unhiwfiil for any jx-rHon to de- 
liver to any coniMioii carrier iOr tranHpoi'tation, or 
for any common carrier to tratmport from any ntatc, 
territory, or diHtrict of tin^ Unitcid StatcH, to any 
other state, t<'rritory, or dintrict thttrcof, any forei^ni 
animalH or hirdn, the importation of which in pro- 
hil)i(<Ml, or the (h'ad hodicH or j)artH tlu'reof of any 
\\il(l animalH or l)ir<lH, where Hnch aiiimalH or birds 
have been kiUed or Hhipped in viohilion of the lawn 
of the, Htate, terriloi y, or diMliicI in whic-h tlie Hanio 
uere kilh'd, or Iroiii which (licy \\ei«' shipped: Pro- 
vidfd, 'that 7iothing herein shall prevcjit the trajiH- 
jKulation of any (U'ad birds or animals kiUcd duririjj 
<h<^ seanon when th(^ same may b(^ lawfully captured, 
and the exp»)rt of which is not jnohibitcd by law 
in lh(! state, territoiy, oi' district in wliich th<^ samo 
are captured or killed: I'nnndrd furlhrr, That noth- 
ing herein nhall prevent the importation, transporta- 



United States Statutes. 147 

tion, or sale of birds or bird plumage manufactured 
from the feathers of barnyard fowls. 

§ 243. All packaj^es containing the dead bodies, or 
the plumage, or parts theraof, of game animals, or 
game or other wild birds, wlien shipped in inter- 
fltate or foreign commerce, shall be plainly and 
clearly marked, so that the name and addn-ss of 
the shipper, and the nature of the contents, may 
be readily ascertained on an inspection of the out- 
side of such package. 

^ 244. For each evasion or violation of any pro- 
vision of the three sections last precoding, the ship- 
per shall be fined not more than two hundred dol- 
lars; the consignee knowingly receiving such articles 
BO shipped and transported in violation of said sec- 
tions shall be fined not more than two hundred dol- 
lars; and the carrier knowingly carrying or trans- 
porting the same in violation of said sections shall 
be fined not more than two hundred dollars. 

The above sections 241, 242, 24.3, 244 take the 
place of sections 2, 3 and 4 of the Lacey Act. 

FEDERAL LAW FOR THE PROTECTION OP 
MIGRATORY BIRDS. 

[37 Stat., 847.] 

[Extract from an Act making appropriations for the 
Department of Agriculture for the fiscal year 
ending June 30, 1914.] 

Be it enacted hy the Senate and TJouse of Repre- 
sentatives of tite United States of America in Con- 



148 United States Statutes. 

gress assembled, All wild geese, wild swans, brant, 
wild ducks, snipe, plover, woodcock, rail, wild pigeons, 
and all other migratory game and insectivorous birds 
wliich in their northern and southern migrations pass 
tlirough or do not remain permanently the entire 
year within the borders of any State or Territory, 
shall hereafter be deemed to be within the custody 
and protection of the Government of the United 
States, and shall not be destroyed or taken contrary 
to regulations hereinafter provided therefor. 

The Department of Agriculture is hereby autlior- 
ized and directed to adopt suitable regulations to 
give effect to the previous paragraph by prescribing 
and fixing closed seasons, having due regard to the 
zones of temperature, breeding habits, and times and 
line of migratory flight, theicby enabling the de- 
partment to select and designate suitable districts 
foi- different portions of the country, and it shall be 
unlawful to shoot or by any device kill or seize and 
capture migratory birds within the protection of 
this law during said closed seasons, and any person 
who shall violate any of the provisions or regula- 
tions of this law for the protection of migratory 
birds shall be guilty of a misdemeanor and shall 
be fined not more than $100 or imprisoned not more 
than ninety days, or both, in the discretion of the 
court. 

The Department of Agriculture, after the prepara- 
tion of said regulations, shall cause the same to be 
made public, and shall allow a period of three 



United States Statutes. 149 

months in which said regulations may be examined 
and considered before final adoption, permitting, 
when deemed proper, public hearings thereon, and 
after final adoption shall cause the same to be en- 
grossed and submitted to the President of the 
United States for approval: Provided, however, That 
nothing herein contained shall be deemed to afTect 
or interfere with the local laws of the States and 
Territories for the protection of nonmigratory game 
or other birds resident and breeding within their 
borders, nor to prevent the States and Territories 
from enacting laws and regulations to promote and 
render efficient the regulations of the Department of 
Agriculture provided under this statute. > 

9******9% 

Approved, March 4, 1913. 



PLUMAGE PROVISION IN THE TARIFF 
ACT OF 1913. 



[38 Stat., 148, 155.] 

Ch. 16. — AN ACT to reduce tariff duties and to pro- 
vide revenue for the Government, and for other 
purposes. 

Paragraph 347. Feathers and downs, on the skin 
or otherwise, crude or not dressed, colored, or other- 
wise advanced or manufactured in any manner, not 
specially provided for in this section, 20 per centum 
ad valorem; when dressed, colored, or otherwise ad- 
vanced or manufactured in any manner, and not 
suitable for use as millinery ornaments, including 
quilts of down and manufactures of down, 40 per 
centum ad valorem; artilicial or ornamental feathers 
suitable for use as millinery ornaments, artificial and 
ornamental fruits, grains, leaves, flowers, and stems 
or i^firts thereof, of whatever material composed, not 
specially provided for in this section, 60 per centum 
ad valorem; boas, boutonnieres, wreaths, and all 
articles not specially provided for in this section, 
composed wholly or in chief value of any of the 
feathers, flowers, leaves, or other material herein 
mentioned, 60 per centum ad valorem: Provided, 
[150] 



IPlumage Provision in the Tariff Act of 1913. 15] 

That the importation of aigrettes, egret plumes or 
so-called osprey plumes, and the feathers,^ quills, 
heads, wings, tails, skins, or parts of skins, of wild 
birds, either raw or manufactured, and not for scien- 
tific or educational purposes, is hereby prohibited; 
but this provision shall not apply to the feathers or 
plumes of ostriches, or to the feathers or plumes of 
domestic fowls of any kind. 

Paragraph 227. Venison, and other game, iVo cents 
per pound; game birds, dressed, 30 per centum ad 
valorem. 

Free List: 

Paragraph 478. Eggs of poultry, birds, fish, and 
insects (except fish roe preserved for food purposes): 
Provided, however, That the importation of eggs of 
game birds or eggs not used for food, except speci- 
mens for scientific collections, is prohibited: Pro- 
vided further, That the importation of eggs of game 
birds for purposes of propagation is hereby author- 
ized, under rules and regulations to be prescribed by 
the Secretary of the Treasury. 

Paragraph 416. Birds and land and water fowls, 
not specially provided for in this section. 



MIGRATORY BIRD LAW. 



Differences between Federal Migratory Bird Regula- 
tions and New York State Conservation Law. 
The open season for waterfowl, including geese, 
brant, swan and river and sea ducks (anatidae) in 
this State is: 

(a) By Federal regulation, September 16 to Decem- 

ber 31 inc. 
Exception: Long Island, October 1 to January 
15, inc. 
Woodduck and swan, no open season until Sep- 
tember 1, 1918. 

(b) By New York statute, September 16 to January 

10 inc. 
Exception : Long Island, October ] to January 
10 inc. 
Woodduck and swan, no open season. 
The open seasons for rails, American coots, mud 
hens and gallinules (rallidae) in this State are: 
(a) By Federal regulation: 

1. Coots and gallinules, September 16 to De- 

cember 31 inc. 
Exception: Long Island, October 1 to 
January 15 inc. 

2. Sora and other rails, (excluding coots and 

gallinules), September 1 to November 30 
inc. 

[152] 



Migratory Bird Law. 153" 

(b) By New York State statute: 

1. Rails, American coots, mud hens and gal- 
linules, September 16 to December 31 
inc. 
The open season for shore birds (limicolae) in. 
this State is: 

(a) By Federal regulation: 

1. Woodcock, October 1 to November 30 inc. 

2. Black-breasted and golden plover and greater 

and lesser yellow legs, August 16 to 
November 30 inc. 

3. Jack snipe or Wilson snipe, September 16 

to December 15 inc. 

4. Curlew and other shore birds not specifi- 

cally mentioned above, no open season 
until September 1, 1918. 

(b) 1. Woodcock, October 1 to November 15 inc. 

Exception: Long Island, October 15 to 
November 30 inc. 
2. Shore birds: snipe, plover, surf birds, sand- 
pipers, tatlers and curlews, September 
16 to November 30 inc. 
Exception: Long Island, August 1 to 
November 30 inc. 
Note: Federal regulations are subject to change- 
subsequent to date of this publication. 



'PART II. 



COURT PROCEDURE. 

UNDER THE 

CONSERVATION LAW, AS AMENDED BY 
CHAPTER 444, LAWS OF 1912. 



§ 26. Actions for penalties. Actions for penalties 
for violations of any provision of this chapter shall 
be in the name of the " People of tlie State of New 
York; " and must be brought on the order of the 
commission, and may be compromised, settled and 
discontinued as provided in section nine of this 
chapter. Such actions, if in justices' courts, may be 
brought in any town of the county in which the 
penalty is incurred, or, if the defendant resides in 
another county, in any town of the county in which 
the defendant resides. 

§ 27. Costs in actions by the people. In case of 
recovery of any amount in an action brought for a 
penalty under this chapter or in any action author- 
ized by this chapter, in any court of record the 
people siiall be entitled to recover full costs, of 
course, and at the rates as provided for by section 
(151J 



Court Procedure. 155 

.thirty-two hundred and fifty-one of the code of civil 
procedure, together with witnesses' fees and other 
disbursements. 

[As amended by chapter 554, Laws of 1015.] 

§ 28. Judgments; how enforced. Judgments re- 
covered under this chapter may be enforced by exe- 
cution against the person as provided by the code of 
civil procedure. A person taken into custody upon 
such an execution shall not be admitted to the liber- 
ties of the jail and shall be confined for not less 
than one day, and at the rate of one day for each 
dollar of the amount of the judgment recovered. No 
. person shall be imprisoned more than once, or for 
more than six months on the same judgment. Im- 
prisonment shall not operate to satisfy a judgment. 

§ 29. Proceeds of actions under article; five — 
moieties. Moneys received in an action for a penalty 
brought imder article five of this chapter, or upon 
the settlement or compromise thereof, and fines for 
violations of any of the provisions of said article 
shall be paid within thirty days after the receipt 
thereof to the commission. The commission shall 
apply so much thereof as may be necessary to the 
payment of the expenses of collection and shall pay 
one-half of the balance, in cases brought by special 
game protectors, to the special game protector upon 
whose information the action was brought. Regular 
protectors shall not receive moieties. The commis- 
sion in its discretion may settle or compromise any 
action to recover any penalty provided for in said 



156 Court Procedure. 

articles, or a cause of action therefor, at such sum . 
as it may deem advantageous to the state. The com- 
mission may, out of moneys arising from such fines 
or penalties, pay the fees of magistrates and con- 
stables for services performed in criminal actions 
brought upon information of a game protector, dis- 
trict forest ranger, forest ranger or firewarden. 
[As amended by chapter 521, Laws of 1916.] 

§ 30. Proceeds of actions under article four. 
Moneys received in actions for penalties brought 
under article four of this chapter shall be paid to 
the commission, who shall apply so much thereof as 
may be necessary to the payment of the expenses 
of collections. The balance of such receipts shall be 
available for enforcing the various provisions of law 
for the protection of forests against fire. 

§ 31. Jurisdiction of courts in criminal cases. Sub- 
ject to the power of removal provided in the code of 
criminal procedure, courts of special sessions and 
police courts shall have, in the first instance, juris- 
diction of offenses committed under this chapter, 
within their respective counties. A warrant shall be 
returnable before the magistrate issuing the same. 
And, for the purpose of this chapter only, the juris- 
diction of the courts mentioned in this section is ex- 
tended as to misdemeanors to permit the imposition 
of the fines and sentences authorized by this chapter. 

§ 32. Punishment for misdemeanor. A person con- 
victed of a misdemeanor under this chapter, except 



Court Procedure. 157 

as otherwise provided herein, shall be punished by 
a line of not less than ten dollars nor more than one 
hniidred doUars; and if such fine is not paid, he 
shall be imprisoned in a county jail or penitentiary 
until such fine is satisfied; which imprisonment shall 
be at the rate of one day for every dollar of such 
fine; if any person be convicted a second time of ai 
misdemeanor under this chapter, except as otherwise 
provided herein, he shall be punished either by a fine 
of not less than twenty-five dollars nor more than 
one hundred and fifty dollars; or by imprisonment 
in a county jail or penitentiary for not more than 
one hundred days, or by both such fine and imprison- 
ment; if a fine imposed be not paid, he shall be 
imprisoned in a county jail or penitentiary until 
such fine is satisfied, which imprisonment shall be at 
the rate of one day for every dollar of such fine; 
if a person shall be convicted a third time of a mis- 
demeanor under this chapter, unless otherwise pro- 
vided herein, he shall be punished by imprisonment 
in a county jail or penitentiary for not less than ten 
days nor more than six months; and by a fine ot 
not less than ten dollars nor more than one hundred 
dollars; and if the fine imposed be not paid, he shall 
be imprisoned in a county jail or penitentiary until 
such fine is satisfied; which imprisonment shall be 
at the rate of one day for every dollar of such fine 
and shall be in addition to the prison sentence. 

[As amended by chap. 92, Laws of 1914, and chap. 521, 
Laws of 1916.] 



158 Court Procedure. 

§ 33. Rules and regulations; violations of, a mis- 
demeanor. Rules and regulations established by the 
commission for the enforcement of the provisions of 
article four of this chapter shall be entered by the 
commission in its book of minutes and at least three 
copies thereof posted in public places in the towns 
in which such rules and regulations apply, at least 
thirty days before the same shall take effect. 

Any person who violates any provision of any rule 
or regulation so established by the commission, pur- 
suant to the provisions of this section shall be guilty 
of a misdemeanor and shall, upon conviction, be sub- 
ject to. a fine of not to exceed one hundred dollars or 
imprisonment for not more than thirty days or by 
both such fine and imprisonment. 

§ 34. Search warrants; when issued. Any justice 
of the peace, police justice, county jiidge, judge of a 
city court or magistrate having criminal jurisdiction 
shall, if it appear probable that fish, birds, or game 
taken or possessed contrary to the provisions of 
article five of this chapter are concealed, issue a 
search warrant for the discovery thereof, in accord- 
ance with the practice provided in title two of part 
six of the eode of criminal procedure, so far as the 
same are applicable thereto. 

§ 35. Witnesses not excused from testifying. No 
person shall be excused from testifying or producing 
any books, papers or other documents in any civil or 
criminal action, or proceeding taken or had under this 



Court Procedure. . 159 

chapter, upon the ground that his testimony might 
tend to convict him of a crime, or to subject him to 
a penalty or forfeiture. But no person shall be pros- 
ecuted, punished or subjected to any penalty or for- 
feiture for or on account of any act, transaction, 
matter or thing concerning which he shall, under 
oath, have testified or produced documentary evidence, 
and no testimony so given or produced shall be re- 
ceived against him upon any criminal investigation 
or proceeding; provided, however, that no person so 
testifying shall be exempt from prosecution or pun- 
ishment for any perjury committed by him in his 
testimony. Nothing herein contained is intended to 
give, or shall be construed as in any manner giving, 
unto any corporation, immunity of any kind. 

§ 36. Compromise of civil penalty before magis- 
trate. Any regular or special game protector, fish- 
eries protector, fire superintendent, forest ranger or 
inspector, who chall charge a person with any viola- 
tion under this chapter, may take such person before 
any magistrate in the county where the violation 
occurred, and thereupon such person may, upon the 
consent of the representative of the conservation 
commission making the charge, compromise and settle 
his liability for civil penalties under this chapter, 
for an amount agreed upon between said magistrate, 
the representative of the commission and the person 
charged with such violation, which amount shall not 
be less than ten dollars nor more than the amount 
for which such person would be liable in a civil 



160 Court Procedure. 

action for penalties. If such compromise be made, 
such person shall forthwith subscribe his name to a 
statement setting forth concisely the facts constitut- 
ing such violation, the amount agreed upon, and 
that a judgment may be entered against him for that 
sum. Upon said statement being sworn to before 
and filed with said magistrate, he shall forthwith 
enter in his civil docket a record of the proceedings 
and the amount of the judgment. 

Said justice shall upon the entry of such judgment 
be entitled to a fee of one dollar to be paid by the 
person charged with such violation. 

A judgment entered as provided herein may be 
enforced by an execution against the property^ of the 
defendant; but no body execution shall issue thereon. 
Such judgment shall be a bar to a criminal action 
^or the same violation, if satisfied within thirty days 
:from the date of the entry thereof. 

X Added by chap. 521, Laws of 1916.] 



GENERAL REGULATIONS COVERING 
THE USE OF STATE LANDS. 



The following rules and regulations are of general 
application to the State land under the jurisdiction 
of the Conservation Commission, and are to govern 
all of those who make use of this land. Regulations 
of special or local application may be adopted from 
time to time: 

1. No fires except for cooking, warmth or smudge 
purposes are permitted. Xo fire shall be lighted 
until all inflammable material is removed to prevent 
its spread. 

2. Lighted matches, cigars, or cigarettes or burn- 
ing tobacco must not be deposited or left where they 
may cause fires. 

3. No official sign posted or structure maintained 
tinder permit shall be defaced. Peeling of bark or 
Injuring trees is prohibited. Dead or down wood 
may be used for fuel by temporary campers. 

4. Camps and adjacent grounds must be main- 
tained in a clean and sanitary condition. Garbage 
and refuse must be either buried, removed or burned. 
Waste materials must not be thrown into the waters, 
or waters polluted. 

5. Each camper on islands of Lake George, St. 
Lawrence Reservation or other much frequented 

6 [161] 



162 information KelaUng to Lands and Forests 

places, must provide a plentiful supply of chloride 
of lime and dirt, for disinfecting and covering 
any latrine used by him. All latrines must be 
cleaned and the contents burned or buried at fre- 
quent intervals, in such manner as to prevent offen- 
sive odors, and above all to AVOID POLLUTION 
OF THE WATER SUPPLY. 

6. Canvas tents vrithout platforms for use during 
short periods may be placed without a permit, but 
not in a trail or within 150 feet of any spring \i>3ed 
for water supply. 

7. No tents (except those described under rule 6) 
or wooden structures shall be erected, or maintained, 
except under written permission. Tar paper shall 
not be used, except for roofs of open camps erected 
under a permit. Structures erected under { a ) , ( b ) 
or (c) become the property of the State. The struc- 
tures for which permits may be granted are as 
follows : 

(a) Open camps for transient use not to be occu- 
pied by the same person or persons more than three 
nights in succession or more than ten nights in any 
year. 

(b) Open camps for use of campers, himters or 
fishermen may be occupied for reasonable periods. 

(c) Permanent tent platforms |or summer camp- 
ing purposes. Permit granted to use while occupied 
in good faith. Platform to be left for future use. 
When not in use permits may be given others to use. 



Information Relating to Lands and Forests iq^ 

(d) Temporary tent platforms for summer camp- 
ing. The platform to be erected and removed simul- 
taneously with the tent. 

(e) Portable canvas houses for summer camping. 

8. No one may claim any particular site from year 
to year or the exclusive use of the same. 

9. The use of the forest preserve or the improve- 
ments thereon for private revenue or commercial 
purposes is prohibited. 

10. Any unoccupied tent or structure may be 
removed by the Commission. 

11. At St. Lawrence Reservation, where fireplaces 
are provided, fires must not be kindled elsewhere, 
nor shall tents on these islands be pitched less than 
200 feet from any public fireplace or boat landing. 

12. No boat is entitled to the exclusive use of any 
dock built by the State. There must be free access 
for boats at all times. 

13. Dancing in any building erected by the State 
is prohibited. 

14. All campers will be held responsible for com- 
pliance with these rules, and any person responsible 
for injury of State property will be held liable for 
damages and penalties. 



CONSERVATION LAW. 



INDEX TO PART I — FISH AND GAME. 



A. Sec. Page. 
Additional protection. (See Fish; Game.) 

orders 125 

Aliens. (See Licenses.) 

Allegany county, pheasants, additional protection 125 

American coots, open season, limit of take 213 48 

Anatidae. (See Birds.) 

Angling, defined 380 121 

Animals, importation, federal regulations 143 

scientific collections, importation for 144 

transportation, federal regulations 144 

Antelope, no open season 194 42 

transportation and possession when killed in 

private park 194 42 

Antwerp pigeons, interference with prohibited 218 51 

Application of article V 381 123 

Article V, application 381 123 

construction 382 124 

Attorney-general, protectors, to defend suits against. 173 21 

Automobile, game not to be taken from 222a 53 



Bacteriologist, sanitary inspection of shellfi&h 

grounds; report 310 S9 

Bait lines, regulations when used for taking sturgeon . ... 135 

Banded pickerel, terms pickerel and pike include. . . . 380 121 

Bass. (See Otsego whitefish.) 

black, additional protection in Lake Erie and 

Niagara river 125 

[1651 



1G6 Index — Fish and Game. 

Bass — Continued: Sec. Paqb. 
black, additional protection in Schroon and 

Paradox Lakes 126 

additional protection in waters of towns of 
Chester, Horicon and Johnstnirg, Warren 

county 126 

Chaumont bay, not to be taken with nets in . 278 72 
Lakes Erie and Ontario, not to be taken 

»-itb nets in 276 71 

op>en season in Lake George 241-a 60 

open season; sixe of catch 231 55 

spawn, taking from beds prohibited 243 61 

spawning, disturbing prohibited 2-13 61 

striped, nets, taking with permitted 240-271 60-69 

sa'e 240 60 

aiae limit 240 60 

taken without the State, possession in closed 

season regulated 370 109 

Black bass, term includes Oswego ba^s 3S0 120 

Beaver, power of Commission to acquire 157 13 

taking, possessing, or molesting, prohibited 197 44 

Biological stations, supervision of Conservation Com- 
mission 150 7 

Birds. (Se3 Game, names of individual birds.) 

additional protection orders 125-127 

anatidae defined 210 47 

open peason, limit of take, manner of taking 211 47 

bodies imported into State, subject to State laws . . . 144 

eggs, license to collect or possess 159 13 

federal laws 143-149 

galUnae defined 210 47 

open season, limit of take 214 49 

game birds, defined 210 46 

highways, not to be taken on 222 53 

importation, federal regulations 143-149 

imported, fees for tag'^ing 374 118 

subject to S;ate laws . ... 143-149 

injurious, importation prohibited 143-149 



Index — Fish and Game. Ii7 

Birds — Continued: Sec. Page. 

inseftivorou3, federal law for protection 143-149 

lands used by municipality for water supply, not 

to be taken on 222 53 

license to col'ect or possess 159 13 

limicolae, defined 210 47 

open season; Limit of take 216 50 

manner of taking 212 48 

migratory, federal law for protection 147-149 

differences between federal regul^itiocs and 

State law 152, 153 

nets prohibited 221 52 

ownership in the State 175 22 

plumage imported into State, subject to State 

laws 143-149 

plumage of birds protected, sale prohibited 219 51 

plumage provisions on the tariff act of 1913 150 

power of Commission to acquire 158 13 

protection, enforcement of laws . . . ' 150 7 

raUidae, defined 210 47 

open season, limit of take 213 48 

Bale of certain, prohibited 180 27 

sale of plumage of birds protected, prohibited. . . 219 51 

scientific collections, importation for 146 

secretary of agriculture, duties 143-149 

skins and bodies of birds protected 219 51 

Sale prohibited, exception to 219 51 

snares, prohibited 221 52 

taking, method of, restricted 177 23 

transportation, federal regulations , 143-149 

traps, prohibited 221 52 

upland game birds, open season; limit of take. . . 215 50 
water fowl, open season, limit of take, manner of 

taking 211, 212 47,48 

wild birds protected 219 51 

certain not protected 219 61 

Blue point oysters. (See Oysters.) 

Blue pike perch, size, possession, sale 236 58 



iCS Index — Fish and Game. 

Sec. Pa-qb. 
Box turtle. (See Land turtles.) 

Brant, federal law, for protection 143-149 

open season; manner of taking 211, 212 47, 48 

Breeding of game (see Deer; Ducks; Eik; Pheasants; 

Skunk) 372 110-115 

Brookhaven, free bay oyater lands exempt from fee 

for sanitary inspection 312 91 

Brook trout, term trout includes 380 120 

Brown trout, term trout includes 380 120 

Bui' frogs. (See Frogs.) 

Bullheads. Lake George, open season 241-a 60 

set and trap lines, taking with 254 65 

spears and snatch hooks, taking with 255 66 

tip-ups, taking with 253 65 

Butterfield Lake, Jefferson county, pike and pike- 
perch, additional protection to 128 

C. 

Caribou, rK> open season 194 42 

transportation and possession when killed in 

private park 194 42 

Carp, placing in public waters and use of bAt, pro- 
hibited - 250 64 

set and trap lines, taking with 254 66 

spears and snatch hooks, taking with 255 66 

Cat^sh, set and trap hnes, taking with 254 66 

spears and snatch hooks., taking witk 255 66 

tip-ups, taking with 253 65 

Cattaraugus county, pheasants, additional protection . . . 125 

Chain pickerel, terms pickerel and pike include 380 121 

Chaumont bay, use of nets in 278 72 

Chautauqua county, pheasants, additional protec- 
tion 125 

Chester, town of, additional protection to black bass 

in waters of 126 

Chinese pheasants, term pheasants includes 380 121 



Index — Fish and Game. 169 

Sec. Page. 
City clerks. (See Licenses.) 

Clams, beds protected 316 9-3 

term shellfish includes 380 121 

Clinton county, pheasants, additional protection 126 

Close season, defined 380 119 

Closes. (See Fish; Game.) 

Commission. (See Conservation Commission.) 

defined 380 119 

Compilation of fish and game law, pubacation and 

distribution 1 60 15 

Coney Island Cceek, nets, size of mesh 331 101 

Conservation Commission, defined 380 1J9 

disposal, of game, fish and devices seized 154 11 

duties in general 150 7 

employees, terms of present not afl'eoted 382 124 

fish, general powers and duties as to 150 7 

game, general powers and duties as to 150 7 

nets, licensing 270 69 

powers in general 150 7 

rules and regulations 128-142 

amendment; abrogation; penalties; con- 
struction 142 

Constables, powers under fish and game law 172 21 

Construction of article V 382 124 

Court procedure 154-160 

Crow, nests, destroying or robbing not prohibited . . . 220 52 

not protected 219 51 

Crow-blackbird, nests, destroying or robbing not 

prohibited 220 52 

not protected 219 51 

Curlews, open season; limit of take 216, 217 51, 52 

D. 

Dams, construction, notice to be given Commission. . 290 75 

construction of fishways in 291 75 

Deer. (See Venison.^ 



170 Index — Fish and Game. 

Deer — Continued: Sec. Page 

breeding, license, revocation of license 372 110 

manner of killing 372 111 

preserves to be fenced 372 115 

reports 372 114 

tagging 372 112 

Deerpark, open season in 192 40 

devices, certain prohibited in taking 190 39 

dogs not to be harbored in forests inhabited by 

deer 193 41 

use of in hunting, prohibited 190 39 

European red, importation and sale of carcasses 

regulated 373-377 115-118 

fallow, importation and sale of carcasses 

regulated 373-377 115-118 

roebuck, importation and sale of carcasses, 

regulated 377 118 

■vshitetail, importation and sale of carcasses, 

regulated 377 118 

imported, fees for tagging 374 116 

Kmit of take 100 39 

manner of taking .' . 190 39 

open season . 190, 192 39, 40 

in certain localities 192 40 

possession, regulated 191 39 

power of commission to acquire 157 13 

reindeer, importation and sale of carcasses, regu- 
lated 373 115 

roebuck, importation and sale of carcasses, regu- 
lated 373 115 

Sullivan county, open season in certain towns. . 192 40 

transportation 190 39 

Ulster county, open season in certain towns. . . . 192 40 

wild deer, term includes what 380 120 

Definitions , 380 119-123 

Delaware county, pheasants, additional protection 125 

Delaware river, use of nets in 279 73 

Dip nets, term nets includes 380 122 



Index — Fish and Game. 171 

Sec. Page. 

Dogfish, set and trap lines, taking with 264 66 

soears and snatch hooks, taking with 255 66 

Dogs, deer, use of in hunting, inohibited 190 39 

to be licensed 193 41 

possession in forests inhabited by deer or in 

Adirondack park, prohibited 193 41 

use of in taking birds and quadrupeds 177 23 

Dredges. (See Shellfish.) 

Ducks, breeding, license 372 1 10 

federal law for protection 143-149 

manner ot killing 372 111 

manner of taking 211. 212 47, 48 

open season 211. 212 47, 48 

reports 372 114 

tagging 372 112 

mallard and black, importation and sale of car- 
casses regulated 377 118 

E. 

Eel pots and weirs, fish taken to be returned to wa'oers. . . . 134 

license for use 256 67 

rules and regulations of Conservation Com- 
mission 128-142 

Eize and construction 134 

tagging 134 

use restricted 176 22 

Eels, Jamaica bay, taking in, permitted with spear 

or weir 330 101 

set and trap lines, taking with 254 66 

Bpears and snatch hooks, taking with 255 66 

use of tip-ups in taking 253 65 

Egyptian quail. (See Quail.) 

Elk, acquisition by Conservation Commission 157 13 

breeding, license; revocation of license 372 115 

manner of killing 372 111 

no open season 194 42 

preserves to be fenced 372 115 



172 Index — Fish and Game. 

Elk — Continued: Sec. Paqq 

reports 372 114 

tagging 372 112 

transportation and possession when killed in 

private park 194 42 

American, inaportation and sale of carcasses 

regulated 177 118 

Enfor ement of law, powers of game nrotectors. . . . 169 18 

English pheasants, tt/na p' easant includes 380 121 

English ?parrow, importation prohibited 145 

nests, destroying or robbing not prohibited 220 52 

not protected 219 51 

Essex county pheasants, additional protection 125 

European black-game, importation and sale regu- 
lated 373 113 

European black plover. (See Plover.) 

European red deer. (See Deer.) 

European red-legged partridge. (See Partridge.) 

Explosives, use or posv^ession in waters, shores or 

islands, prohibited 245 82 

EKportation of fish and game. (See Fish; Game; 
names of individual fish and game.) 

F. 

Fallow deer. (See Deer.) 

Far Rockaway bay, use of nets regulated 332 102 

Federal statutes 143-151 

Federal regulations, migratory birds; difference be- 
tween, and State laws 152-153 

Ferrets. (See Hares and Rabbits.) 

JFertilizer, licensing vessels taking fish for making 

fertilizer 324 98 

Fire Island inlet, use of nets regulated 327 100 

Fish ©(See Fish Culturist; Fish Hatcheries; Fish- 
ways; Hatchii^ Stations; Marine District; 
Marine Fisheries; Marine Fisheries, Bureau 
of; Private Lands and Ponds; Shellfish; 
Supervisor of Marine Fisheries; Shellfish; 
Names of Individual Fish.) 



Index — Fish and Game. 173 

Fish — Continued: Sec. Paqh. 

additional protection 152 8 

notice of prohibition or regulation 152 8 

ordera 125 

power of commission to grant 152 9 

closer 153 10 

conservation commi88ion, general powers and 

duties 150 7 

devices for taking, use restricted 176 22 

disposal when taken unintentionally in gill nets . ... 132 
eggs not to be placed in pubUc waters inhabited 

by trout ; exception 250 64 

power of commission to purchase 156 12 

explosives, taking by means of, prohibited 245 62 

exportation, penalties 182 28 

supervision of Conservation Commission. . 150 7 

when lawfully salable 178 26 

fertilizer, Ucense for vessels engaged in taking 

fish to produce 324 98 

unlawful to take for puri>ose of rendering into 324 98 

hatcheries, taking fish from waters of, prohibited. 249 64 
fishing boats, inspection and use of by employees 

of Conservation Commission 281 74 

food fish, not to be taken for purpose ©f render- 
ing into oil or fertilizer 324 98 

grappling hooks, taking by, regulated 255 66 

importation, penalties for violations of provisions. 182 28 

regulated 370 109 

supervision of Conservation Commission. . 150 7 

when lawfully salable 178 26 

when not lawfully salable 178 25 

imported, application of article V 381 123 

Lake George, open seasons in 241-a 60 

limit of take 176 22 

Missisquoi bay, fish caught in not to be trans- 
ported into this State 370 109 

naked hooks, taking by, regulated 255 66 

^ Nassau county, power of sui>ervi3ors to regulate 

taking 334 103 



174 Index — Fish and Game. 

Fish — Continued: Sec. Pagb. 

net licenses in certain waters 128 

nets, taking with regulated 271 69 

non-game, taking of 255 -a 67 

non-resident vessels engaged in fishing with nets, 

licensing 324 98 

• obstructing streams prohibited; removal of ob- 
struction 246 62 

oil, license for vessels engaged in taking fish to 

produce 324 93 

unlawful to take for purpose of rendering 

into '. 324 98 

ownership in the State 175 22 

pollution of streams prohibited 247 63 

waters prohibited 325, 326 99 

possession, penalties 182 28 

restricted 176 22 

when presumptive evidence of unlawful 

taking 181 28 

private lakes and ponds, fish protected 365 106 

propagation, removal of fish hindering propaga- 
tion 155 12 

purposes, power of commission to take. . . . 155 12 

protection, enforcement of laws 150 7 

publication of laws relating to 160 15 

Raritan bay, to be taken in by angling only .... 329 100 

return to waters when taken in eel pots and weirs. ... 135 

penalties ., 182 28 

restricted 176 22 

when for propagatio* purposes 179 27 

■eized, disposal of 154 11 

Bet and trap lines, taking by 254 66 

shipping permits 178 126 

■natch hooks, taking by, regulated 255 66 

spearing, taking by, regulated »^ 255 65 

storage in close season, Ucense, bond; regula- 
tions 375 117 



Index — Fish and Game. 175 

Fish — Continued: Sec. Paqh. 
Suffolk county, power of supervisors to regulate 

taldng 334 ^ 103 

superintendent of inland fisheries 271 69 

taken without the State, possession in closed 

se son regulated 370 109 

taking, penalties 182 28 

restricted 176. 177 22, 23 

by drawing off water, prohibited 249 64 

in fshway prohibited 251 65 

m rine district 128 

Uirough ice in waters inhabited by trout, 

pro ibited 252 65 

term includes what 380 1 19 

thumping pro'. ibited 244 62 

tip-ups, use of regulated 253 65 

transportation 178, 179 24-27 

duties of common carriers 178 24 

penalties 1S2 28 

regulated ' 370 109 

restricted 176 22 

supervision cf conservation commission. ... 150 7 

when for propagation purposes 179 27 

when raised in private hatcheries 178 24 

undersized, traffic in prohibited 177 23 

Fish closes. (See Fish.) 

Fish culturist, appointment 151 8 

salary ; expenses 151 8 

Fish hatcheries, diverting water used by, prohibited. 249 64 

polluting waters used by, prohibited 248 63 

taking fish from waters of, prohibited 249 64 

FLshiug boats, inspection and use of by employees of 

Conservation Commission 281 74 

Fishways, dams, construction of f.shways in 291 75 

dams notice of construction , . . . 290 75 

taking fish near, prohibited 251 65 

FlyiiVg foxes, importation prohibited 145 

Franklin county, pheasants, additional protection 125 



176 Index — Fish and Game. 

I 

Sec. Pagb. 

Frogs, open season 257 68 

storage of 375 117 

Fruit bats importation prohibited 145 

Fur bearing animals, prop-tg.ition and sale of 200 45, 138 

Fyke nets, term nets includes 380 122 

G. 

Gallinae. (See Birds.) 

Gallinules, open season; limit of take 213 48 

GamJ. (See Birds; Game Farms; Names of Indi- 
vidual Animals and Birds.) 

additional protection '. 152 8 

hearings 152 8 

notice of prohibition or regulation 152 9 

orders 125 

power of commission to grant 152 9 

closes 153 10 

conservation commis.sion, general powers and 

duties 150 7 

domestic game, term includes what 380 120 

exportation, penalties 182 28 

supervision of Conserv-ation Commission . . . 150 7 

when lawfully salable 178 26 

game protected by law, term includes what 380 120 

highways, not to be taken on 222 53 

imported, application of article V 381 123 

fees for tagging ■ 374 116 

game, term includes what 380 120 

importation, penalties 182 28 

supervision of Conser^^ation Commission.. 150 7 

when lawfully salable 178 24 

when not lawfully salable 178 25 

lands used by municipality for water supply, not 

be taken on 222 53 

limit of take 176 22 

ownership in the State / . . . . 175 22 



Index — Fish and Game. YJl 

Game — Continued: Sec. Page. 

possession, penalties 182 28 

restricted 176 22 

when presumptive evidence of unlawful tak- 
ing rSl 28 

private lands, not parks, game in protected. . . . 365 106 

game protected 365 lOG 

publication of laws relating to 160 15 

refuges, State 366 lOG 

penalties 182 28 

restricted 176 22 

when for propagation purposes 179 27 

seized, disposal of ^ 1.54 1 1 

shipping permits 178 26 

taking, penalties 182 28 

restricted 176. 177 22, 23 

ternl includes what .380 119 

transportation 178, 179 24-27 

duties of common carriers 178 24 

penalties 182 28 

restricted 176 22 

Bupervision of Conservation Commission . . . 150 7 

when for propagation purposes 179 27 

raised in private preserves 178 24 

wild game, term, includes what 380 120 

not to be taken from automobile 222a 53 

Game closes. (See Game.) 

Game farm?, supervision of Conservation Commission 150 7 

Game law. (See Compilation of Fish and Game Law.) 

Game protectors, bonds 167 17 

chief game protector, report 170 20 

compensation 168 17 

di\dsion chief protectors, reports 170 20 

number and designation 165 16 

powers 169 IS 

rating under civil service law 166 17 

records of official acts 170 20 

removal and suspension 166 17 



178 Index — Fish and Game. 

Game protectors — Continued: Sec. Paqh. 

reports 170 20 

salaries and expenses, certification of 170 20 

special game protectors, appointment and com- 
pensation 171 20 

suits against, Attorney-General to defend 173 21 

Game refuges, State 366, 366a 106, 107 

Garbage not to be thrown into parts of Long Island 

sound 326 99 

Gardiner bay, devices allowed for taking water fowl. . 212 4S 

Geese, federal law for protecliu* 147-149 

open season; manner of taking 211, 212 47, 4S 

Gender, disregarded in construing thi%artic e 380 119 

Genesee county, ruffed grouse, additional protection. . . . 126 

Gill nets, term nets includes 380 122 

Grappling hooks, taking lish by, regulated 255 06 

use restricted 176 22 

Grass pickerel, terms pickerel and pike include 380 121 

Great horned owl, nests, destroying or robbing not 

prohibited 220 52 

not protected 219 51 

Great northern pike. Lake George, open season 241-a 60 

term pickerel includes 380 121 

term pike includes 380 121 

Great South b»y, devices allowed for taking water 

fowl 212 48 

Green frogs. (See Frogs.) 

Grouse, Genesee county, additional protection 126 

open sea-son, limit of take 214, 215 49, 50 

Scotch, importation and sale regulated 373 115 

taking with net, trap or snare, prohibited 221 52 

term includes what 380 120 

H. 

Hares and rabbits, cotton tail, additional protection 

in Richmond county 123 

breeding of for food purposes. . . . '. 196 44 

ferrets, use of prohibited ; 196 43 



Index — Fish and Game. 179 

Hares and rabbits — Continued: Sec. Page. 

Umit of take 196 43 



open season . 



196 43 



owners or occupants of lands, taking by 196 43 

sale regulated 196 43 

Harlem river, use of nets prohibited 328 100 

Hatching stations, supervision of Conservation Com- 
mission 150 7 

Hawk, nests, destroying or robbing not prohibited. . . 220 52 

not protected 219 51 

Health, State commissioner of, designation of sanitary 

inspectors to inspect sheil sh grounds 311 90 

Herkimer county, pheasants^ additional protection 125 

Herring, nets, taking with permitted 271 00 

Homing pigeons, interference with prohibited 218 51 

Hooking, defined 380 121 

Horicon, additional protection to black bass in waters 

of town of 126 

Hudson river, net regulations 280 73, 123 

use of nets in 279 73 

Hungarian dark-necked pheasants, term pheasants 

includes 380 121 

Hungarian or European grey legged partridge, no 

open season 214 49 

Hunting, defined 380 123 

Hunting licenses. (See Licenses.) 

I. 

Icefish, Lake Champlain, taking in 241 60 

nets, taking with permitted 271 G9 

open season; size limit 241 60 

sale 241 60 

Importation of fish and game. (See Birds; Fish; 
Game; Individual Names of Birds, Fish and Quad- 
rupeds.) 

Inhabited, term defined 380 122 



180 Index — Fish and G me. 

J. Sec. Page, 

Jamaica bay, use of nets regulated 330 101 

JohnsbuFg, additional protection to black bass in 

waters of town of 126 

Jones' inlet. us2 of nets regulated 327. 332 100, 102 

K 

Kingfisher, nests, destroying or robbing not prohibited 220 62 

not protected 219 51 

L. 

Lacey act 143-147 

Lak? Champlain. (See Missisquoi bay.) 

Lake Erie, black bass, additional i rotection 125 

lake trout, eggs and milt to be furnished 

commission 235 56 

license to take with net operated from power 

boat 235 56 

open season 235 56 

Bale 235 56 

saugers and blue pike perch, size, posses- 
sion, sale 236 58 

net licenses, schedule of fees 132 

nets, application of regulations 280 73 

rules and regulations 128-142 

taking fish with 276 71 

Whitefish, eggs and milt to be furnished commis- 
sion 235 57 

license to take with net operated froui power 

boat 235 57 

open season 235 57 

sale 235 57 

Lake George, taking fish in, open seasons 241-a 60 

Lake Ontario. (See Chaumont bay.) 

lake trout, eggs and milt to be furnished commis- 
sion 235 57 

license to take with net operated from power 

boat 235 57 



Index — Fish and Game. 181 

Lake Ontario — Continued : Sec. Page. 

lake trout, open season 235 57 

sale 235 57 

saugers and blue pike perch, size, posses- 
sion, sale • 236 58 

net license?, schedule of fees 132 

nets, application of regulations 280 73 

rules and regulations 128-142 

taking fish with 276 71 

Whitefish, eggs and milt to be furnished commis- 

f ion 235 56 

license to take with net operated from power 

boat 235 56 

open season 235 56 

sale 235 56 

Lake sturgeon. (See Sturgeon.) 

Lake trout, eggs, taking from lake trout in public 

waters for breeding purposes 242 61 

imported, possession and sale permitted 235 56 

Lakes Erie and Ontario, eggs and milt to be fur- 
nished commission 235 56 

license to take with net operated from power 

boat 235 56 

open season 235 56 

sale 235 56 

Lake Greorge, open season 241-a 60 

nets for taking, size of mesh 272 70 

open season; size of catch 234 56 

Bale 234 56 

Bpawn, taking from beds prohibited 243 61 

spawning, disturbing, prohibited 243 61 

stocking private ponds or streams from public 

waters, prohibited 242 61 

taken without the State, possession in closed 

season regulated 370 109 

term includes what 380 120 

Landlocked salmon, term lake trout includes 380 120 

Land turtles, taking, killing or sale prohibited 202 46 



182 Index — Fish and Game. 

Sec. Page 

Lands, enclosed, how bouwdarj' may be indicated. . . 380 122 

wholly enclosed, hoTv boundary may be indicated 380 122 

Lewis county, pheasants, additional protection 125 

License3, breeding of elk, deer, pheasants and ducks. 372 110 
collection or possesvsion of quadrupeds, birds and 

birds' eggs 159 13 

dog 193 41 

eel pots and weirs, schedule of fees 133 

use rf 256 67 

grant by Conservation Commission. 150 7 

hare and rabbit breeding 196 44 

hunting ati.i trappinjj, alteratioa prohibited 185 34 

button to be worn when hunting 185 32 

carrying and exhibiting 185 32 

city and town clerks, reimbursement 185 36 

reports 185 36 

exception as to owners iind occupants of farm 

lands 185 34 

feea 185 31 

form 185 36 

grant of 18q. 31 

non-resident 185 31 

powers under 185 32 

prosecutions 185 34 

resident 185 31 

termination 185 34 

non-resident angling 188 37 

importation of fish and fame 178 25 

Lakes Erie and Ontario, license to take lake trout 
and whitef.sh in nets operated from power 

boat 235 56 

lobster, issuance to non-residents 323 97 

net, application for; sureties; return of tags; 
duration; revocation; not transferable; ex- 

hibition 129 

certain waters 128 

fees schedule 132 



Index — Fish and Game. IS'6 

Licenses, net — Continued: Sec. Page. 

use of 270 69 

non-resident vessels engaged in fishing with nets 324 98 

Bkunk propagation and sale 200 45, 138- 

storage of fish in close season 375 117 

taking minnows for bait for sale, bond 136 

venison, possession in close season 140 

vessels fishing with nets for purpos'e of making 

oil or fertiUzer from fish taken 324 98 

Limicolae. (See Birds.) 

Lobster traps. (See Lobsters.) 

Lobsters, female in spawn not to be taken 321 96- 

Hcenses issued to non-residents; regulation! 323 97 

residents only permitted to take; certain waters 

excepted 323 97 

size Umit 321 96 

traps, size of openings 322 96 

Long Island sound, devices allowed for taking water 

fowl 212 48 

refuse not to be thrown into certain parts 326 99 

use of nets, in parts of, prohibited 328 100 



M. 

McLean act ^ 147-149^ 

Marine district, described 300 78 

Marine fisheries. (See Marine district; Marine 
fisheries, Bureau of; Shellfish; Supervisor of 
marine fisheries.) 
Marine fisheries. Bureau of. (See Shellfish.) 

continued 301 78 

deputy supervisor 302 78 

office and clerical force 302 78 

ehellfish, reports relating to 303 79 

supervisor, appointment 301 78 

duties 301 78 

reports 303 79 



J184 Index — Fish and Game. 

Sec. Paqb. 
llaskalonge, Chaumont bay, not to be taken with 

nets in 278 72 

Lakes Erie and Ontario, not to be taken with 

nets in 276 71 

open season, size limit 239 59 

sale 239 59 

Migratory Birds. (See Birds, Migratory.) 

Mink, open season 198 44 

Minnows, Jamaica bay, may be taken in by hand nets 330 101 

license to take for bait 230 54 

not to be taken in waters inhabited by trout. . . . 230 54 

taking for bait for sale, regulations 136 

in St. Lawrence river, regulated 230 54 

Missisquoi bay, fish caught in, not to be transported 

into this State 370 109 

Mongolian pheasants, term pheasants includes 380 121 

Mongoose, importation, prehibited 145 

Montgomery county, pheasants, additional protection . . . 125 

Moose, no open season 194 42 

power of Commission to acquire 157 13 

transportation and possession when killed in 

private park 194 42 

Mud hens, open season; limit of take 213 48 

Mullet, set and trap lines, taking with 254 66 

spears and snatch hooks, taking with 255 66 

^Municipal water supply, lands used for game not to 

be taken on 222 53 

Muskalonge. (See Maskalonge.) 

Muskrat, houses not to be injured 201 45 

open season 201 45 

taking of by shooting prohibited 201 45 

N. 

Naked hooks 176 22 

taking fish by, regulated 255 66 

Nassau county, power of supervisors to regulate tak- 
ing of fish and shellfish 334 103 



Index — Fish and Game. 185 

Sec. Paqb. 

Nesta, robbing or destroying, prohibited; exceptions 220 52 

Nets, application of regulation to certain waters .... 2S0 73 

birds, taking in nets, prohibited 221 52 

buoying required 274 70 

Chaumont bay, use in 278 72 

Coney Island creek, size of mesh 331 101 

Delaw-are river, use in 279 73 

destruction, when used unlawfully 282 74 

expense a county charge 283 74 

when used for taking birds 221 52 

disposal of fish taken unintentionally in gill nets ... 132 

Ea.st river, use of nets in parts of, regulated. . . . 328 100 

Far Rockaway bay, use in, regulated 332 102 

fees 132 

Fire Island inlet, use in, regulated 327 100 

Harlem river, use in, prohibited 328 100 

Hudson river, use in 279 73 

' Jamaica bay, uas in, regulated 330 101 

Jones' inlet, use in, regulated 327, 332 100-102 

Lake Erie, use in 276 71 

Lakes Erie and Ontario, license to take lake trout 

and whitefish in nets operated from power boat 235 56 

Lake Ontario, use in 276 71 

licen.sing 270 69 

location, restricted 128 

Long Island sound, use ©f in parts of, prohibited 328 100 

mesli, size of 272 70 

size fixed 131 

size to be fixed by Conservation Commis^on ... 130 
size of, supervision of Conservation Com- 
mission 150 7 

minnow, size limited .-' 136 

Niagara river, use in 277 71 

regulations to apply to what waters 280 73 

reports of fish taken 129 

Rockaway inlet, use in, regulated 327 lOQ 



186 Index — Fish and Game. 

Nets — Continued: Sec. Page 
rules and regulations of Conservation Com- 
mission 128 

seizure of when unlawfully used, expense a county 

charge 283 74 

Buperintendent of inland fisheries to supervise use 271 69 

tagging 131 

required 274 70 

term includes what 380 122 

time of hauUng, regulated 273 70 

xise, restricted 176 22 

in waters inhabited by trout, prohibited. .. . 275 70 

to be regulated by Conservation Commission 270 69 

Zack's inlet, use in, regulated . • , 327 . 100 

Niagara river, black bass, additional protection 125 

use of seines and squat nets in 277 71 

sauger, size, possession, sale 236 58 

Non-resident Ucenses. (See Licenses.) 

Number, disregarded in construing this article 380 119 

O. 

Oil, hcensing vessels taking fish for making oil 324 98 

Oneida county, pheasants, additional protection 125 

Open season, defined 380 119 

Sunday, commencing or closing on 380 119 

Oswego bass, term black bass includes 380 120 

Otsego bass. (See Otsego whitefish.) 

Otsego county, pheasants, additional protection 125 

Otsego lake, nets for Otsogo whitefish, size of mesh 131 

Otsego whitefish, nets for taking, size of mesh 272 70 

nets for taking in Otsego lake, size of mesh 131 

open season; size of catch 234 56 

sale 234 56 

Ouananische, term lake trout includes 380 1 20 

Owl. (See Great horned owl; Snow owl.) 

Oysters, beds protected 316 95 

blue point, use of name prohibited except for 

oysters, cultivated in Great South bay 315 95 



Index — Fish and Game. 187 

Oysters — Continued: Sec Page. 
Brookhaven free bay oyster lands exempt from 

fee for sanitary inspection 312 91 

South bay, taking in, regulated 314 94 

. term shellfish includes 380 121 

Oyster beds, super\'ision of Conservation Commis- 
sion 150 7 

P. 

Paradox lake, additional protection to black bass in 12S 

Parks. (See Private parks.) 

Partridge. (See Grouse; Hungarian or European 
grey-legged partridge.) 
European red-legged and European grey-legged 

partridge, importation and sale, regulated. .. . 373 115 

open season, limit of take 214, 215 49, 50 

taking with net, trap or snare, prohibited 221 ^ 52 

term grouse includes 380 120 

Peace officers, powers imder fish and game law 172 21 

Peconic baj', devices allowed for taking water fowl . . 212 48 

Penalties; general 182 28 

Perch, set and trap lines, taking with 254 66 

use of tip-ups in taking 253 65 

Perch, j-ellow, close sea?on 236-a 58 

Person, term includes what 380 119 

Pheasants, additional protection in various counties. ... 125 

breeding, hcense; revocation of license 372 115 

manner of killing 372 111 

open season, Umit of take 214, 215 49, 50 

reports 372 114 

tagging 372 112 

taking with net, trap or snare, prohibited 221 52 

term includes what 380 121 

importation and sale of carcasses regulated, 377 118 

Pickerel, Lake George, open season 241-a 60 

nets, taking with permitted 271 <39 

open season; size of catch 237 58 

sale 237 58 



188 Index — Fish and Game, 

Pickerel, Lake George, open season — Continued: Sec. Paqb. 
taken without the State, possession in closed 

season regulated 370 109 

term includes what 380 121 

use of tip-ups in taking 253 65 

I'igeons, federal law for protection 148 

Antwerp or homing, interference with, pro- 
hibited 218 51 

Pike. (See Great Northern pike; Pickerel.) 

nets, taking with-permitted 271 69 

open season; size of catch 237 58 

sale 237 53 

taken without the State, possession in closed 

seasoB regulated 370 109 

term includes what 380 121 

use of tip-ups in taking 253 65 

additional protection to, in Butterfield lake, 

JefTerson county 126 

.Pike perch. Lake George, open season 241-a 60 

nets, taking with, permitted 271 69 

open season; size limit 236 58 

taken without the State, possession in closed 

season regulated 370 109 

sale 236 58 

use of tip-ups in taking 253 65 

additional protection to, in Butterfield lake, 

JefferBon county 126 

Plover, European black, importation and sale, regu- 
lated 373 115 

federal law for protection 147-149 

open season; Umit of take 216, 217 50, 51 

.Plumage, defined 380 121 

Pollution of waters. (See Streams; Waters in marine 
district.) 

xPond pickerel, terms pickerel and pike include 380 121 

Ponds. (See Private lakes or ponds.) 

Pound nets, term nets includes 380 122 

^Presumptive evidence. (See Fish; Game.) 



' Index — Fish and Game. 189 

Private hatcheries. (See Fish.) Sec. Page. 

Private lakes and ponds, fish and game protected . . . 365 1C6 

laying out 360 104 

notices against trespassing, not to be defaced. . 364 106 

posting and maintaining 362 105 

stocked by State 360 104 

Private lands, not parks, fish and gama protected. . . 365 lOS 

notices not to be defaced 364 106 

posting and maintaining 362 105 

private parks, fish and game protected 365 106 

laying out 360 104 

notices against trespassing not to b« defaced. .. . 364 106 

posting and maintaining 361 105 

stocked by State 360 104 

Private preserves. (See Game.) 
Protectors. (See Game protectors.) 

Q- 

Quadrupeds. (See Game; name of individual 
animals.) 

license to collect or possess 159 13 

ownership in the State 175 22 

power of Commission to acquire 158 13 

protection, enforcement of laws 150 7 

taking, method of, restricted 177 23 

Quail, Egyptian, importation and sale, regulated. . . . 373 115 

open season; limit of take 214, 215 49, 50 

taking with net, trap or snare, prohibited 221 52 



R. 

Rabbits. (See Hares and rabbits.) 

Raccoon, open season 196 44 

Rail, federal law for protection 147 

open season; limit of take 213 48 

Rainbow trout, term trout includes 380 120 

Rallidae. (See Birds.) 



190 Index — Fish and Game. 

Sec. Page, 
Raritan bay, fish, except shad, to be taken by anghng 

only 329 100 

Red-throat trout, terna trout includes 380 120 

Refuse, not to be thrown into certain parts of Long 

Island sound . 326 9» 

Reindeer. (See Deer.) 

Richmond county. (See Raritan bay.) 

cotton tail rabbits, additional protection 125 

Ring-necked pheasants, term pheasants includes. . . . 380 121 

Rockaway inlet, use of nets, regulated 327 100 

Roebuck. (See Deer.) 

Ruffed grouse, term grouse includes 380 120 

Rules and regulations of Conservation Commission 128-142 

amendment; abrogation; penalties; construction. . , . 142 

S. 

Sable, open season 198 42 

Baint Lawrence river, game protector for 165 16 

great northern pike or pickerel, limit of take .... 237 58 
Saint Lawrence county, pheasants, additional pro- 
tection 125 

Sandpipers, open season; Umit of take 216, 217 50 

saugers and blue pike perch, size, possession, 

sale 236 58 

Scallops, siee limit 318 95 

term shellfish includes 380 121 

Scap nets, term nets includes 380 122 

Schroon Lake, black bass, additional protection 126 

Scientific purposes, license to collect quadrupeds, 

birds or birds' eggs 159 13 

Scoop nets, term nets includes 380 122 

Scotch grouse. (See Grouse.) 

Sea sturgeon. (See Sturgeon.) -^ ' 

Seines, term nets includes 380 122 

Set lines, regulations 135 

use regulated 254 60 

use restricted 176 22 



Index — Fish and Game. 191 

Sec. Page. 

Shad, nets, taking with, permitted , 271 69 

Raritan bay, taking in by nets, regulated 329 100 

Shellfish. (See Fish culturist.) 

beds protected 316 95 

dredges on public ground to be operated from 

boat propelled only by sail or oars 317 95 

enemies when taken to be destroyed 320 96 

grounds bacteriologist to make sanitary inspec- 
tion 310 89 

cancellation of certificate when shellfisli 

unfit for consumption 310 

certificate of sanitary condition 312 

fees 312 

revocation 312 

termination 312 

transfer 312 

designation of inspectors by State Com- 
missioner of Health 311 90 

franchises, record and fees 333 102 

free bay oyster lands in Brookhaven ex- 
empt from fee for sanitary inspection. .. . 312 91 

grants, record and fees 333 102 

1 eases, record and fees 333 102 

sanitary inspection 310 89 

sanitary inspection, notice of conditions to 

be pubUshed 312 92 

lands leased for cultivation, no limitation on 

commissioners of land office 304 

leases for cultivation 304 

collection of rents 305 

summary proceedings 304 

settlement of disputes 306 

taxation of grounds leased 307, 308 

tax collection of 309 88 

marking grounds leased 304 82 

Nassau county, power of supervisors to regulate 

taking 334 103 



192 Index — Fish and Game. 

Chellfish — Continued: Sec. Pagb. 

pollution of waters, prohibited 325, 326 99 

public shellfis'i grounds, term defined 312 92 

reports of supervisor of marine fisheries 303 78 

residents only permitted to take; exceptions.. . , 319 98 
sale prohibited unless sanitary conditions be 

certified 313 93 

starfish to be destroyed 320 96 

Suffolk county, power of supervisors to regulate 

taking 334 103 

supervision of Conservation Commission 150 7 

taking from sunset until sunrise, prohibited 316 95 

term includes what 380 121 

Sheriffs, powers under fish and game law 172 21 

Shinnecock bay, devices allowed for taking water fowl, 212 48 

Shipping permits. (See Fish; Game.) 

Shortnosed sturgeon. (See Sturgeon.) 

Shrimp, Jamaica bay, may be taken in by hand nets. 330 101 

Skunk, manner of taking 199 44 

open season 199 44 

Smelt, Lake Champlain, taking in 241 60 

net^ taking with, permitted 271 69 

open season; size limit 241 60 

sale 241 60 

Snares, birds, snaring, prohibited 221 52 

destruction when used for taking birds 221 52 

Snatch hooks, taking fish by, regulated 255 66 

u.se restricted 176 22 

Snipe, federal law for protection 147-149 

open season; limit of take 216, 217 50. 51 

Snow-owl, nests, destroying or robbing, not pro- 
hibited 220 52 

not protected 219 51 

South bay, taking oysters in, regulated 314 94 

Spears, taking fish by, regulated 255 66 

use restricted 176 22 

Niagara river 255-a 67 

Special game protectors. (See Game protectors.) 



Index — Fish and Game. 1,3 

Sec. Page. 

Bpcckled trout, term trout includes 380 120 

Spring frogs. (See Frogs.) 

Bquirrels, limit of take 195 42 

open season 195 42 

Btake nets, term nets includes 380 122 

Starfish, to be destroyed when taken 320 96 

Starling, importation prohibited 145 

nests, destroying or robbing, not prohibited .... 220 52 

not protected 219 51 

State commissioner of health. (See Health, state 
commissioner of.) 

State Game Refuges 366 106 

Streams. (See Waters in marine district.) 

obstructing prohibited; removal of obstruction. 246 62 

polluting when injurious to fish, prohibited 247 63 

Striped bass. (See Bass.) 

Sturgeon, bait or trap lines for taking, regulations 135 

Chaumont, taking with nets in 278 72 

lake sturgeon, size limit 238 59 

nets, taking with, permitted 271 69 

Bale 238 59 

Bea sturgeon, size limit 238 59 

Bet and trap lines, taking with 254 66 

shortnosed, open season; size limit 238 59 

taken without the State, possession in closed 

season, regulated 370 109 

Suckers, spears and snatch hooks, taking with 255 QQ 

SuiTolk county, pawer of supervisors to r^ulate taking 

of fish and shellfish 334 103 

Sunday, open season commencing or ending on 380 119 

Sunfish, set and trap lines, taking with 254 66 

use of tip-ups in taking 253 65 

Superintendent of inland fisheries designation; salary ; 

expenses 271 69 

Supervisor of marine fisheries (See Marine fisheries, 
Bureau of.) 

bond 302 78 



194 Index — Fish and Game. 

Supervisor of marine fisheries — Continued: Sec. Paqb. 

expenses 302 78 

leases for cultivation of shellfish 30i 80 

oath of office 302 78 

pollution of waters in marine district, to bring 

criminal action 325 99 

reports relating to she Ifish 303 79 

salary 302 78 

sanitary inspection of shellfish grounds 310 89 

to issue certificate and notice of condition. . 312 91 

shellfish leases, settlement of disputes as to. ... . 306 83 

taxation of shellfish grounds, duties as to 307, 308, 300 84-88 

Surfbirds, open season: limit of take 216, 217 50, 51 

Swan, federal law for protection 147-149 

open season; manner of taking 211, 212 47, 48 

T. 

Tagging. (See Fish; Game; names of individual 
fish and game.) 

Taking, term defined 380 122 

Tatlers, open season; limit of take 216, 217 50, 51 

Taxation of shellfish grounds. (See Shellfish; Super- 
visor of marine fisheries.) 

Thumping, prohibited 244 62 

Tioga county, pheasants, additional protection 125 

Tip-ups, use regulated 253 65 

use restricted 176 22 

additional protection, Butterfield lake 126 

Tortoises. (See Land turtles.) 

Town clerks. (See Licenses.) 

Transportation of fish and game. (See Birds; Fish; 
Game; individual names of birds, fish and quad- 
ruped?.) 

Trap lines, regulations, when used for taking sturgeon. . . . 133 

use restricted 176 22 

use regulated 254 66 

Trap nets, term nets includes 380 122 

Trapping licenses. (See Licenses.) 



Index — Fish and Game. 195 

Sue. Page. 

Traps, birds, taking with traps, prohibited 221 52 

destruction when used for taking birds 221 52 

Trespasses. (See Private lakes and ponds; Private 

lands, not parks; Private parks.) 
Trout. (See Lake Trout.) 

artificially propagated, sale; transportation; 

possession 136 

reports 138 

tagging; fees 137 

eggs, taking from trout in public waters for breed- 
ing purposes 242 61 

nets, taking with, permitted 271 69 

open season; size of catch 232 55 

propagation in private hatcheries, permit 371 110 

propagated in private hatcheries, sale 371 110 

spawn, taking from beds, prohibited 243 61 

spawning, disturbing prohibited 243 61 

stocking private ponds or streams from public 

waters, prohibited 242 61 

term includes what 380 120 

waters inhabited by, fiah eggs not to be placed in . 250 64 

talcing fish through ice, prohibited 252 65 

tip-ups, prohibited 253 65 

use of eel weirs, prohibited 256 67 

use of nets, prohibited 275 70 

use of set and trap lines, prohibited 254 66 

Turtles. (See Land turtles.) 

U. 

United States statutes 143-151 



V. 

Venison, possession, regulated 191 39 

possession in close season; license; fees; tagging. ... 140 



196 Index — Fish and Oame. 

W. Sec. Page. 

Walleyed pike, term pikeperch includes 380 " 121 

Warren county, pheasants, additional protection 125 

Water fowl (See Birds.) 

Waters in marine district, pollution prohibited.. .325, 326 99 

Whitefish. (See Otsego whitefish.) 

imported, possession and sale permitted 235 56 

Lakes Erie and Ontario, eggs and milt to be 

furnished Commission 235 56 

license to take with net operated from 

power boat 235 56 

open season 235 56 

sale 235 56 

nets, taking with permitted 271 69 

nets for taking, size of mesh 272 70 

open season; size of catch 234 56 

set and trap hnes, taking with 254 66 

spears and snatch hooks, taking with 255 66 

sale 234 56 

taken without the State, possession in closed 

season, regulated 370 109 

Wild birds. (See Birds.) 

Woodcock, federal law for protection 147-149 

open .season; hmit of take 216, 217 50, 51 

Wood turtle. (See Land turtle.) 

Y. 

Yellow pike, term pikeperch includes 380 121 

Yellow perch, close season 236-a 58 

Z. 

Zack's inlet, use of nets, regulated 327 100 



wm 






.0 



a 



m.m 






LIBRARY OF CONGRESS 



li, 
002 898 560 5 



